How much is my case worth if I was hit by a 17 year old girl? 28 Answers as of May 17, 2013

I was hit head-on by a young girl of 17 going in the wrong direction on a major highway. We suspect she was either drunk or on drugs. When we (my passenger and I) were trying to get out of the vehicle, we noticed another car pull up to the young girl's who hit us about 30 minutes after the accident, and a young girl reach into the driver's side door and get some things and then walked over to the large concrete barrier and throw debris over the edge and down to the river below. It looked to me like cigarettes, but could have been marijuana. I was the only one who witnessed this. This girl then came to my driver's side door and told me that the old girl who hit me head-on turned onto the ramp going the wrong way because her GPS told her to turn there. Both her vehicle and my vehicle were totally demolished and all air-bags deployed in both vehicles. I am 61 years of age with two children and have full coverage of 100k/300k/100k, $5,000.00 medical payments coverage on each person in my vehicle. Additionally, I have 100k insurance coverage on uninsured motorists. I have already had one 2-hour surgery on my left hand and wrist for torn tendons, torn cartilage, and a large bone removed. I am also in physical therapy for both hips because I have developed Troconteric Bilateral Bursitis. I am also in physical therapy for rotator cuff damage in both shoulders. When I get my cast off of my left hand, wrist and arm, I will have to go through physical therapy. All three injured parties suffered injuries at the scene and were transferred by ambulance to two different hospitals. I suffered a deep chest wall contusion to my chest where the seatbelt grabbed me, and bruises where the seat belt grabbed me, and burn marks on my body from air-bag deployment according to the firefighters at the scene to help us. I will not discuss my passenger's injuries. The young girl's auto insurer is American Family Insurance.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Merdes & Merdes, P.C.
Merdes & Merdes, P.C. | Ward Merdes
Case valuation depends upon: (1) how much you were hurt; (2) how much you recover; and (3) how long your injuries last. The facts you mention can also bear on punitive damages. Find a competent personal injury attorney you like and trust. Work with him/her to fully build your case. It is a long and difficult process. Do it now.
Answer Applies to: Alaska
Replied: 5/17/2013
Graves Law Firm
Graves Law Firm | Steve Graves
Seems to me you have a strong case for recovery against the other driver's insurance policy as well as your own UIM coverage if the other driver's coverage is insufficient. See a lawyer.? Neither insurance carrier will pay you what your case is worth if you don't have a lawyer.
Answer Applies to: Texas
Replied: 5/17/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Well obviously the case would be worth less than if she was 21. And worth more than if she was 16. The reality is that the case is worth whatever you can prove to a jury. All of the stuff in your question is really meaningless. You must prove 1) fault, 2) damages, and 3) causation.
Answer Applies to: Michigan
Replied: 5/17/2013
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
As I've indicated in numerous prior answers where the question is "what is the value of my case?", there is no way to properly answer the question without a thorough review of all the facts and circumstances of the crash, the medical care and treatment for crash related injuries, what the treating doctors say about the prognosis, whether any prior incidents occurred to the injured person, what the liability facts are and whether they are confirmed by independent witnesses and/or evidence, what Michigan county the crash occurred in, who the insurer for the defendant is, what the liability limits are in such policy, and a whole host of other questions that need to be answered. There is no set amount a case is worth. There is no formula for determining what a case is worth. You need to consult with a Michigan lawyer who regularly handles auto crash cases to get a range of possible outcomes/values. Since the law changes frequently, different judges and juries view things differently, and there is no set "answer" for what any given case is worth, all a lawyer can do is give you his/her best estimate of the possible range of outcomes/values. What the case is actually worth is what everyone agrees to settle it for and/or what a Jury says it is worth.
Answer Applies to: Michigan
Replied: 5/16/2013
The Smalley Law Firm, LLC | Cary Smalley
I recommend that you consult with and retain an attorney to ensure the best possible outcome and to provide more details regarding your medical treatment and bills.
Answer Applies to: Kansas
Replied: 5/16/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Your case appears to be clear liability. Forget all the mysterious stuff. She was on the wrong side of the road. That is all you need to recover. If your injuries are all clearly caused by the collision you probably have enough settlement value there to exhaust her coverage (most cars have minimum of 30000) so you should put you are underinsured carrier on notice. You really need a lawyer to help you thru this maze of paper.
    Answer Applies to: North Carolina
    Replied: 5/16/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    While I appreciate your effort in being thorough, you have included a lot of extraneous information. Her age does not matter, and the apparant destruction of evidence probably can't be proven. She was going the wrong way, so she's liable. Your injuries are substantial. The limit of her insurance coverage is of interest. If her limits are low, then your coverage may kick in, this is called SUM, Supplemental Underinsured Motorist coverage so you should check that. It would be inappropriate for me or anyone else on this panel to give you a dollar amount, but you have described a 6-figure case in my opinion. If you don't already have a lawyer, you need to get an experienced personal injury lawyer in your area the sooner the better. I cannot emphasize this enough, it is that important. Your injuries have required professional medical help, your legal and insurance issues need professional legal help. Do not let this go any further without representation. Seriously.
    Answer Applies to: New York
    Replied: 5/16/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    It sounds like you have a good case, but you have not provided information on the two main factors considered my insurance companies when evaluating claims: the amount of your medical bills and whether your injuries are permanent vs. you should completely recover. If you were working at the time of the incident, your lost wages would also be considered.
    Answer Applies to: Ohio
    Replied: 5/16/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    It is really impossible to say without knowing more about how severe and permanent your injuries are. It is possible that your recovery will be limited to how much insurance she has. Your insurance will not help unless you have underinsured motorist coverage.
    Answer Applies to: South Carolina
    Replied: 5/16/2013
    Robert Butwinick | Robert Butwinick
    Without reviewing all the medical records, reports, history, and assessing several other factors, a lawyer can't accurately estimate the case value. That said, I can clearly see from your description that you have a very substantial claim and I would strongly recommend retaining an experienced injury attorney. You want to be sure you are getting full value and, significantly, you want to ensure that you properly handle the technical requirements to access the underinsured motorist coverage. A good lawyer can do that for you.
    Answer Applies to: Minnesota
    Replied: 5/16/2013
    End, Hierseman & Crain, LLC | J. Michael End
    Your injuries are serious and you will recover substantial damages. The excuse given by the other person will not work. The other driver was going the wrong direction. There is no good excuse for that. Your ultimate recovery will depend upon the amount of your medical bills, whether you suffered any lost wages, and the severity of your injuries, including pain and disability. I think you should hire a lawyer to help you recover what you should from the case. You will, obviously, have to determine what automobile liability insurance coverage the other driver had, including the possibility that there was an umbrella insurance policy that applies to the case. Your own uninsured or underinsured coverage may apply, depending upon the terms of your automobile policy and the amount of liability coverage that applies to the other car/driver. You should, obviously, contact your own automobile insurance company to get help in determining what to do. As I said at the outset, your claim is a major one. Do not sign any release until you have confirmed that any settlement adequately compensates you.
    Answer Applies to: Wisconsin
    Replied: 5/16/2013
    Mike Lewis Attorneys | Mike Lewis
    You should definitely speak to an attorney. The are many factors that go into assessing the value of a claim and you only get one shot at full recovery for the harm and losses you have faced.
    Answer Applies to: North Carolina
    Replied: 5/16/2013
    Hone Law Firm
    Hone Law Firm | John S. Hone
    Hire an attorney, who knows how to protect your rights, and bring a claim against her. You have a very good case, and should recover the full insurance limits.
    Answer Applies to: Michigan
    Replied: 5/16/2013
    Lawrence Kahn Law Group, P.S.
    Lawrence Kahn Law Group, P.S. | Lawrence Kahn
    Much depends on how well you heal from these injuries. Was your passenger injured too? It seems that these are serious injuries and depending in her amount of insurance, it may be worth the policy limits as well as your UIM insurance. You need an attorney to navigate through these issues for you and to maximize your recovery.
    Answer Applies to: Washington
    Replied: 5/16/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    I'm very sorry to hear of your situation. The matter may well be pursuable.
    Answer Applies to: Michigan
    Replied: 5/16/2013
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    It really depends what your total medical bills are then times by three. You can file against her insurance and seek the balance from your insurance.
    Answer Applies to: Utah
    Replied: 5/16/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You need to talk with a local personal injury attorney. So much of what a case is worth depends on the location of the civil action.
    Answer Applies to: Idaho
    Replied: 5/16/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    It's premature for you to even think about settling your case until you reach maximum medical improvement in your condition and the doctor is in a position to give an opinion as to the full nature and extent of your injuries as well as any permanent disabilities you may have. You really should consult an experienced personal injury lawyer for help. No two cases are worth the same and an experienced lawyer could really be of benefit to you.
    Answer Applies to: Alabama
    Replied: 5/16/2013
    Law Offices of Alexander E. Gilburg
    Law Offices of Alexander E. Gilburg | Alexander E. Gilburg
    Judging from your statements, you have a substantial monetary claim. It is too early to determine even the approximate value of your case because you have not finished your treatment and rehabilitation.
    Answer Applies to: California
    Replied: 5/16/2013
    Kram & Wooster, P.S. | Richard H. Wooster
    You need to hire an attorney to get full value for your injuries. The same attorney could represent your passenger as well, provided the potential conflicts are discussed with both of you at the outset. Did you share your observations with the investigating officers? With the rotator cuff and other injuries you describe, this sounds like it could be a policy limits case, but it is doubtful the insurance companies will come close to that without an attorney. You have to max out the 17 year old's policy before you can move on your underinsured motorist policy.
    Answer Applies to: Washington
    Replied: 5/16/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    Unless there is a review of you medical s: expense ; and a determination
    Answer Applies to: New York
    Replied: 5/16/2013
    The Law Office of Michael E. Cain | Michael E. Cain
    The question is dependent on several variables. If she had an insurance policy, the extent of that policy coverage, whether you had insurance, the extent of that coverage, whether she was driving her parent's car and they own property or are "judgment proof" as we say. The damages which you incur are also a large part of the equation.
    Answer Applies to: New Mexico
    Replied: 5/16/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Did this happen to you in Illinois? What are the American Family policy bodily injury liability limits . This can be learned pursuant to statute in Illinois even before suit is filed. Your case appears to have substantial monetary value. Pardon my saying so but if you do not actually hire a lawyer to handle the claim for you this will be a major error on your part.
    Answer Applies to: Illinois
    Replied: 5/16/2013
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    Your best option is to use your uninsured or underinsured motorist coverage which?the aggregate coverage is $300,00.00. The other driver may have an insurance coverage that could be only minimum coverage of 15/30K which won't even cover your medical expenses. From what you are describing, the other drive may have been excluded from the coverage anyway (for driving under influence or due to her age).
    Answer Applies to: California
    Replied: 5/16/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    It is impossible to give an accurate evaluation in this forum, but it sounds as if you my have a policy limit case. Most drivers in California drive with a minimum policy, which is $15,000 per person and $30,000 per incident. Assuming that to be the case, the other driver's insurance co. should pay their limit, and your co. would have to pay the difference between that payment and $100,000. In order to be eligible for U.M. coverage, you will have to be able to prove that you have exhausted ALL insurance available to the other driver, including any umbrella policy.
    Answer Applies to: California
    Replied: 5/16/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You need to talk to an attorney as soon as possible.
    Answer Applies to: Alabama
    Replied: 5/16/2013
    Law Office of Jeffrey Friedman, PC | Jeffrey Friedman
    Instead of asking on-line for the value of your case, you may want to speak directly to an experienced attorney about the issues in your case and the many factors that affect potential recovery.
    Answer Applies to: Illinois
    Replied: 5/16/2013
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney