How much is my claim worth if it involves permanent vertebrae damage? 28 Answers as of June 28, 2013

I had a work place accident where I incurred a severe concussion and permanent damage to three-neck vertebrae. Approximately how much should my settlement be?

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
There is no magic formula to determine what a case like yours is worth under Nebraska's Workers' Compensation law. For certain workers' compensation injuries, the amount a case is worth can be determined fairly easily. An example would be if you broke your finger and were left with an impairment rating, you would be entitled to a certain amount of weeks of permanent partial disability benefits. The permanent partial disability benefit amount is based on your average weekly wage. However, for head and neck injuries there is no set formula. To determine the value you would have to know what your "loss of earning capacity" is based on your injuries. Usually a specialist in calculating loss of earning power is retained to determine this value. Your loss of earning capacity is based on your education, rate of pay, work experience, the nature and extent of your injuries and all permanent limitations/ restrictions you have a result of your injuries. The loss of earning capacity evaluation is not usually done until you reach medical maximum improvement, which means you are healed as much as you can from your injuries. Without knowing your loss of earning capacity and whether you will need future medical care I cannot tell you what a fair settlement would be. You might want to talk to a workers' compensation lawyer to learn more about your rights and the possible value of your case.
Answer Applies to: Nebraska
Replied: 9/14/2012
Stephens Gourley & Bywater | David A. Stephens
I cannot estimate the value of your claim without knowing more about the accident, the insurance coverage and your long term prognosis.
Answer Applies to: Nevada
Replied: 8/24/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If your claim arose out of and during the course of your employment with your employer who is the person you are looking to for settlement, the claim would be governed by the worker's compensation laws. You cannot sue your employer for job related injuries except in some very limited circumstances.
Answer Applies to: Michigan
Replied: 8/24/2012
Victor Varga | Victor Varga
No idea...these are very case specific.
Answer Applies to: Maryland
Replied: 8/24/2012
MckennaLaw | Keven A. McKenna
Not sure. Try 3/4 of wages for the 13 previous weeks for 72 months brought to present value minus 20% for attorneys fees and good medical records.
Answer Applies to: Rhode Island
Replied: 8/24/2012
    Law Office of Melvin Franke | Melvin Franke
    It is impossible to give an opinion. You have to have a rating report (Independent medical Exam - IME) by a qualified spine specialist.

    The other side may not agree but that is a necessary first step.
    Answer Applies to: Missouri
    Replied: 8/24/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Whatever you can get for your injuries. There is no set amount.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Reeves Aiken & Hightower | Arthur K. Aiken
    You need to get a lawyer to evaluate your claim. It appears that you were seriously injured and that you have a workers' compensation claim.

    Your net after attorneys' fees will probably be substantially higher than the total award that you will get on your own.
    Answer Applies to: South Carolina
    Replied: 8/24/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    It appears you have a serious claim and one that can not be answered so easily.

    A lawyer has to know a lot more about the facts of your case before he or she can express a credible opinion.

    As an example, have you had surgery? If so how well did you heal? Did the doctors place restrictions on your activities? How have those restrictions and permanent impairment affected your earning capacity? Do you anticipate further medical treatment? If so, what type of settlement are proposing? One that closes out the right to future benefits?

    As you can see this is complex and the answer can not be given at the express lane; because in the practice of law there is no express lane. Call our office to set up an interview.
    Answer Applies to: Iowa
    Replied: 8/24/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You use the phrase "work place accident". So, if this is a comp claim and you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability.

    But: you should get some advice as to whether the schedule award is your best option.

    Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of.

    If this is a claim against a "third party" (someone other than your employer) assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidenciary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards.

    To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records.
    Answer Applies to: New York
    Replied: 8/24/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    This depends you may have pain and suffering for the remainder of your life but if there is a permanent partial disability you would need a physician to testify to a reasonable degree of medical certainty.
    Answer Applies to: Rhode Island
    Replied: 8/24/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    It depends on the nature and expense of your treatment, how well you heal, what limitations you have after you have healed as much as you can, etc. That said, it should be a substantial amount. You really need an attorney for this. Do not try to do it alone.
    Answer Applies to: Georgia
    Replied: 8/24/2012
    Michael J. Sgarlat Attorney at Law | Michael Joseph Sgarlat
    I need more information including your medical history before and after the injury. Medicat treatment, surgeries, physical therapy etc...

    The total amount of medical bills and future medical bills if certified by a Board Certified Physician, lost wages, future lost wages, disability rating, life expectancy, vocational rehabilitation information.
    Answer Applies to: Virginia
    Replied: 8/24/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    This is based on workers comp, so you need to consult with an expert in that area. I can help.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You need to direct your question to a worker's compensation attorney.
    Answer Applies to: California
    Replied: 8/24/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    A Lot We have been representing Victims of Industrial Accident and Work Place injuries for for over 25 Years. We know how to tap all the coverage's.
    Answer Applies to: Virginia
    Replied: 6/28/2013
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    There is no formula or computer program to answer your question. There are many factors that must be considered. You need an EXPERIENCED workers comp lawyer before you sign anything.
    Answer Applies to: Virginia
    Replied: 8/24/2012
    Mike Yeksavich | Mike Yeksavich
    It sounds like you have serious injuries. There are no normal amounts as each person's injuries can effect them in different ways. I would like for you to set up an appointment with me.
    Answer Applies to: Oklahoma
    Replied: 8/24/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Ask me on the day of trial after I have gotten testimony from all the witnesses, including the doctors. Anyone who gives you an answer with numbers is a fool.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Workplace injuries are almost exclusively the province of the Department of Labor and Industries / Worker's Compensation. They have guidelines for amounts for each type of injury. You can examine their injury data here:
    Answer Applies to: Washington
    Replied: 8/24/2012
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    As worker compensation is it never as much as it might be for a car collision injury, however, the percentage of permanent partial disability times the maximum number of weeks times your weekly rate is the minimum you should receive.

    Also, you might qualify for more if it is an industrial disability. You need an attorney to help you settle your claim and make certain you get the top amount.
    Answer Applies to: Iowa
    Replied: 8/24/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Answer Applies to: Montana
    Replied: 8/24/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    There is no way of establishing that in an email. Please contact my office for a free consultation.
    Answer Applies to: Michigan
    Replied: 8/24/2012
    Law Office of Gregory Crain | Gregory Crain
    Need more information.
    Answer Applies to: Arkansas
    Replied: 8/24/2012
    Walpole Law | Robert J. Walpole
    This is not an easy question to answer even if more facts were presented. One fact missing is the state where you reside.

    Each state's worker's compensation laws can be different.

    Secondly, there are more issues than just what the 'settlement' will be.

    Third, without a more precise statement of what constitutes 'permanent vertabrae damage', the compensation for that injury could be great or small. If you have not retained an attorney, it is highly recommended.
    Answer Applies to: Oklahoma
    Replied: 8/24/2012
    Mishkind Law Firm, Co., L.P.A.
    Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
    If you suffered a work place injury and your claim is through workers compensation the valuation of your claim is controlled by a number of set factors.

    If you do not have a workers compensation attorney you should consult with one before settling.

    If your claim is against someone other then your employer the value of your claim is dependent on whether you had to have surgery, whether you have lost any past and future income and whether your injury would be classified as a permanent and substantial injury which would increase the amount you can recover for your pain and suffering.

    You should talk to an attorney that handles personal injury claims about the value as you should not settle your claim without professional advise, especially since you may have a permanent injury that impacts your ability to work and your ability to enjoy normal activities of daily living.
    Answer Applies to: Ohio
    Replied: 8/24/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    In order to properly assess your claim, more information is needed. With worker's compensation, your average weekly wage plays a big factor in what you are entitled to. These cases are evaluated differently from auto accidents, slip and falls, etc.
    Answer Applies to: Massachusetts
    Replied: 8/24/2012
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