Do you have personal injury counsel? If not, that's the place to start. None of us can tell you how much the case is worth due to the information we typically need for such assessments not being included in your post. An experienced attorney can best answer those questions after a full case assessment.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Its worth probably more than the injured party can achieve without a qualified personal injury attorney. If the injured person has accomplished counsel, then he/she knows how to best handle the case. No one can ethically or properly give a value without knowing all relevant facts. Good luck.
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 www.nyelderinjurylaw.com
A skull fracture can be a very serious injury. From the information presented it sounds like you have been representing yourself. You should consult with a personal injury attorney in Massachusetts - there are many listed on this web site, and most initial consultations are free. In order to fully value your claim a great deal more information would be needed.
Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.
I agree with the previous posters that you should contact an attorney to assist you. An attorney will be able to help you gather and present evidence at the mediation.
How much compensation you receive will depend on the facts of the case and what harms and losses you suffered. After reviewing your case an attorney will be able to assist you in making that determination.
DISCLAIMER: This does not constitute legal advice, and is provided for informational purposes only, and does not create an attorney-client relationship. I am only licensed to practice in NH and Massachusetts.
Were you working construction when the accident occurred? Are you going to mediation without a lawyer? It sounds as if you do not have a lawyer representing you, and that could be a big mistake. An attorney would evaluate all of your damages, obtain all accident documentation and medical records, make a written settlement demand to the company's insurance company, and file suit if necessary. I strongly recommend you don't take this on yourself. The insurer will make every effort top pay as little as possible.
I've been handling cases like yours for over 25 years, and would be happy to discuss your claim and answer your questions at no charge.
Nothing in this email is to be construed as legal advice, or as a solicitation to create an attorney/client relationship.
Consult a local personal injury attorney ASAP!!!! - many offer free initial consultations
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
Absolutely consult an attorney. More information is needed to properly evaluate the claim. If you were working then this is a worker's comp case but there may also be some third party liability that needs to be investigated ASAP!!
Do not attempt to handle this without consulting with a personal injury attorney. You are doing yourself a disservice. The insurance company is not going to pay you anywhere near fair value. You also give absolutely no facts upon which to evaluate your claim. There are a plethora of factors that need to be considered in this process that unless you have spent years doing this, you will not understand or be able to incorporate into your decision-making process.
I cannot tell you what your case is "worth" or anyhing about mediation without knowing all; the facts of your case. However, I do know that this is a substantial case and you have absolutely no business handling this yourself. You cannot just ":show up" and expect to get a fair settlement. You need a personal injury attorney who will know how to present a proper mediation and bring the appropriate exhibits, records, pictures and make a strong presentation. You need to get an attorney to handle the mediation as well as everything else. If a law suit has not already been brought, it is rare that insurers will make a good offer. The timing may not be right for mediation right now. It is possible the insurer is hoping you will accept a very low settlement at this early stage. Get a lawyer!.
If you have a lawyer you should be asking your lawyer these questions.
This answer does not consitute legal advice and does not create an attorney-client relationship. The answer is based only on the facts presented. This answer is basd only on Massachusetts law.
It's impossible to say without knowing a lot more about your injury and exactly what happened. Assuming that the bracket fell due to their negligence (which seems likely) you would be entitled to compensation for your reasonable medical expenses, past, present and future; your lost of earning capactity (which may or may not be more than your out of pocket lost wages) and your pain and suffering, both physical pain, emotional distress and all the ways this injury has affected you and is expected to in the future (if it is). Accordingly, answering that question would require a thorough evaluation including reviewing your medical records and talking to you about how this has affected you. In the end the reasonable settlement value is based on a prediction of what a jury woudl do if you tried your case. You really need to consult with an experienced personal injury attorney to make sure that you are getting a reasonable offer and to make sure that the mediation is scheduled promptly and with a good mediatior (assuming you haven't already done so). The "Results" section of our web site linked below has some examples of diferent verdicts and settlement amounts for different types of cases that might give you some usefull ideas of amounts, but every case, including yours, is unique and you really should consult with an attorey.
Your case may be substantial or it may be of relatively low value. The value as a tort or accident case depends on many factors including who is responsible and how, whether they have insurance, the nature and extent of injuries and permanence of any disability. These are a few of the factors. I have never heard of an insurer wanting to go to mediation if there is no lawyer. You should, if you don't have an attorney, hire one.
Negligence and personal injury Damages for personal injuries Medical expenses for personal injury Lost wages for personal injury Pain and suffering Emotional distress caused by personal injury Personal injury Personal injury settlement Evidence for personal injury cases Medical records and personal injury Types of personal injuries Representing yourself Evidence Mediation
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