It's tough to say, but there is definitely value, maybe significant value. You need to contact an attorney right way to preserve your rights and get the most for you!
This does not constitute legal advice and does not establish an attorney-client relationship. I am only licensed to practice law in Texas, California, and Missouri, but will associate with local counsel to handle matters in other states.
This answer is impossible to answer without seeing you medical records, medical history, and knowing more about the claim in general. Retain a local personal injury attorney familiar with these types of cases and you will be better served.
If this Answer was of assistance please mark it as "helpful." Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
You are going to receive a lot of answers given the type of case you have and the serious injuries you have sustained. Do this for yourself - look up that lawyer on his website and think to yourself is this someone I want on my side on my team. If that's me, terrific. If it's someone else that's good too. Give that lawyer a call and meet. You'll get a lot of your answers.
Although I am a California attorney, I believe you have a very good case and strongly recommend that you retain a local area personal injury attorney that is experienced and that you feel comfortable with. Most personal injury attorneys provide a free initial consultation. Meet with a couple and select the one you prefer. It is really too new of a case if you have been treating for such a short time to be able to figure out what your case is worth. You need to take care of your medical issues by treating with medical providers and also take care of your legal issues by retaining a personal injury attorney. I am truly sorry about your injuries and wish you a speedy recovery. Best of luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
The value of your case is going to depend in large part on the course of your medical treatment and what can and cannot be fixed. If you have a herniated disc and two bulging discs caused by this you will need to seek proper medical care. Your attorney will need to know what the doctors are going to want to do for you. You will need to contact an experienced trucking lawyer to get you through the process and get fair value for your case.
This response does not create an attorney-client relationship and is provided after receipt of very limited information. For this reason it is not a substitute for a formal consultation with an attorney in your jurisdiction who has been retained and has been provided all of the relevant information. The author of the related question is strongly encouraged to obtain such a formal consultation prior to making any final decision about how or if to proceed with a legal matter. As there are time deadlines that apply to all legal actions, the question's author is encouraged to seek such consultation as soon as practicable.
Not as much as it may be
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
My answer is ONLY based on cases I've handled in California and thus its only my personal and not professional opinion but get a lawyer! Truck insurance companies give everyone a hard time when it comes to settling a case.
I live and work in Los Angeles and deal with accidents like yours all the time, so I am happy to answer your question. Your gut instinct is right that you have questions regarding your rights and your case. I've handled a good amount of accident cases and know that insurance companies give cases like yours a hard time even if the police report finds the other person at fault. You should hire an attorney now before you hurt your case (happens unfortunately very often). You should hire a lawyer to help you out with the claim because regardless of the outcome of the police report insurance companies give unrepresented people a tough time. I've handled cases and referred clients to great doctors in the Los Angeles, CA area.
At our firm we always refer clients to all kinds of doctors and chiropractors when our clients are injured and our clients never pay anything upfront, not even a copay. The doctors are willing to do this because an attorney is on board. You are entitled to have your property damage, medical bills and future medical expenses PAID FOR BY THE OTHER PARTY'S INSURANCE (or your uninsured motorist policy). The attorney you hire will handle the claims process from start to finish.
But you are going to need to see a specliast to even get a shot at getting future medical treatment from the Defendant. Moreover it sounds like the accident is completely the other persons fault so you don't want this case to become a difficult one because of lack of inattention. The insurance company will make you believe that your case is worth very little... Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well.
Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hired can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.
With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled cases and/or spoken to clients in the Los Angeles, CA area.
Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it.
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Your case is worth what it is worth. No one can give you a value of your case without reviewing all of the medical records and bills and a thorough discussion with you after you have competed treatment.
Overall, there may be considerations of past and future medical bills, wage loss, earning capacity loss, functional loss, caps on damages in your state and insurance coverage.
In my experience, the medical condition (here, the herniated and bulging discs) influences settlement value. Your functional loss may be more important if your case goes to a jury verdict. For example, if it affects your ability to do your job, you may have future loss of earning capacity (in states that recognize this) even if you don't have wage loss. Insurance companies may consider functional loss but do not place as high a value as a jury when presented in a compelling manner at trial, at least in my experience.
For non-economic loss (usually called "pain and suffering"),the important question is "how has this affected your life?" If your favorite activity in the world was hunting or gardening or something that you are now restricted from doing, this can make your case more valuable if you have a lawyer who is experienced in recognizing and making these arguments.
Good luck! I hope your case has little value, meaning that you heal quickly with no functional loss. I believe your job is to try to get better while your lawyer's job is to plan for the worst case scenario (like surgeries and functional limitation.)
pennies on the dollar if you don't hire an attorney who knows what he is doing. Nothing is that simple.
All information provided here is for educational use only and does not constitute legal advice nor establish any attorney-client relationship. Paul H. Cannon is licensed to practice law in the State of Texas. Laws vary from State-to-State. For legal advice and opinions, please retain the services of a lawyer licensed to practice in the appropriate state or jurisdiction.
Truck injury claims are different from car accidents and should be handled in a manner that take the Federal Motor Carrier Safety Regulations and the specific requirements for interstate trucks and intrastate trucking into account. Your injuries appear serious and you should contact a local truck injury attorney to help you with your claim.
A lot. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney (10) with a LOW contingency fee.
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