Is there a $25,000.00 limit to the amount of money you can receive for a 3 disc back injury? 34 Answers as of February 06, 2013

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Law Office of Christian F. Paul
Law Office of Christian F. Paul | Christian F. Paul
If you have filed a limited jurisdiction suit, then $25,000 is the most you can get in damages. If it is unlimited, then there is no upper limit to your damages. If you have an attorney representing you, you should check with him or her about your damages. If you don't have an attorney, you might want to consult with some personal injury lawyers to make sure you have filed in the right court and have a chance to be made whole. You get only one chance, so you want to do it right. Good luck.
Answer Applies to: California
Replied: 2/6/2013
Durham Jones & Pinegar | Erven Nelson
I know of no such limit legally. Some software programs used by adjusters may artificially set such a limit or guideline, but at court you can get what the jury decides is fair.
Answer Applies to: Nevada
Replied: 2/1/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
There is no limit under law. there may be a limit on the amount of insurance coverage the other party has. 30000 is the minimum, but a lot of folk don't have insurance or they let it lapse.
Answer Applies to: North Carolina
Replied: 2/1/2013
Maurice L. Abarr  Lawyer, Inc.
Maurice L. Abarr Lawyer, Inc. | Maurice L. Abarr
No such legal limit. There may be, however, only $25,000 in insurance coverage available. Conventional wisdom is that rejecting the responsible party's offer of his or her insurance policy limit and suing the responsible party for more is a waste of time and money because most of the time that person can escape the judgment (i.e., not pay it) by filing bankruptcy.
Answer Applies to: California
Replied: 2/1/2013
Curry, Roby & Mulvey Co., LLC
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
No. By law, a plaintiff can only request an amount in excess of $25,000.00 in his Complaint. However, there is no maximum amount that can be recovered economic damages (e.g., lost wages, medical bills and other future out of pocket damages) although there is some limit on the amount that can be recovered for non-economic damages (pain and suffering).
Answer Applies to: Ohio
Replied: 2/1/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    I assume you were in an automobile case. The driver may have only $25,000 liability limits, so that might be a problem in terms of collectibility. If you had uninsured/underinsured motorist coverage, you should be able to recover up to the limits of your own insurance as well. In the abstract, if you sustained disk damage to 3 disks, you should be entitled to a lot more that $25,000.
    Answer Applies to: Washington
    Replied: 2/1/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    There is no per se limit in the State of Nevada. Depending on the nature of the claim, the residual injury, the wage loss claim, the permanent impairment, the valuation of a claim can vary markedly.
    Answer Applies to: Nevada
    Replied: 2/1/2013
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    The limit not on the injury but on the amount of insurance a person has purchased.
    Answer Applies to: Utah
    Replied: 2/1/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Without additional details I cannot give you a firm answer, but generally. no, recovery is set by the amount of damages which were caused by the wrongful or negligent party.
    Answer Applies to: Michigan
    Replied: 2/1/2013
    A. Dawn Hayes & Assoc. P.A.
    A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
    No, however, that could be the amount of the insurance coverage policy limits.
    Answer Applies to: Florida
    Replied: 2/1/2013
    Mike Lewis Attorneys | Mike Lewis
    Not normally, although there are some limits on what can be recovered if workers comp is involved.
    Answer Applies to: North Carolina
    Replied: 1/31/2013
    Ricks & Associates | Kenneth R. Ricks
    There is no statutory limit to your recovery although a practical limitation may be the insurance policy limits of the responsible party.
    Answer Applies to: California
    Replied: 1/31/2013
    Paul A. Lauto, PLLC
    Paul A. Lauto, PLLC | Paul A. Lauto
    In NY, outside of jurisdictional court limits, in general there is no limit per se to what a back injury may be deemed to be worth when seeking third party personal injury/pain and suffering compensation.
    Answer Applies to: New York
    Replied: 1/31/2013
    Havens & Lichtenberg PLLC
    Havens & Lichtenberg PLLC | Michael Lichtenberg
    No, there is not. This amount is what the insurance company might be willing to pay. One-third of it might also coincide with the amount your attorney is willing to accept for working out a settlement, without litigating the case in court. But your claim is against the person or the business liable for your injury, and the size of the judgment depends on your actual damages: the costs of treatment and rehab, already incurred and reasonably expected in the future; the income lost due to the injury; the loss of future earnings due to the injury; and compensation for pain and suffering. What part of the judgment will be paid by the defendant's insurer is, technically, does not concern you: the rest would have to be paid by the defendant. But that, unfortunately, only a theory. In practice, the insurer will pay what it agreed to pay; the defendant - well, it depends... Some defendants will claim that they don't have any assets against which the judgment can be enforced - and will fight you in court on this issue until hell freezes over. Many defendants are, actually, unable to satisfy the judgment; all you will get from such a defendant is a small portion of his paycheck until he retires. There are many other scenarios and considerations that can make litigating a particular case a proposition that you, yourself, will reject in favor of just accepting the settlement the insurance is offering: while the amount is insultingly small, it might still be better than the alternative. So, it appears that your attorney might not feel it worth spending time to explain to you all the reasons why you should accept the offered settlement, and, instead, tells you that $25000 is all you can get. As I tried to explain, it might be true - in practical sense; but there is no law that sets such a limit. What is important is that you understand all the facts and issues in your case, and make your decision rationally. It is also important for you to understand that, if you accept the settlement, you will have to sign a release from liability (which means that you will not be able to change your mind later and sue for a more adequate compensation, even if you find out that your injury was a lot more serious than the doctors realized at the time). Accepting a certain sum as a settlement "in satisfaction of all claims" is a decision that you will have to live with; don't make it lightly, or with an incomplete information. And, under any circumstances, don't let anyone make this decision for you.
    Answer Applies to: New York
    Replied: 1/31/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    No. The defendant may only have liability coverage of $25,000. You can refuse to settle and sue him.
    Answer Applies to: Florida
    Replied: 1/31/2013
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    NO. The only limit will be the amount of insurance that the party responsible for your injury has. Additionally, you ought to check the assets of the responsible driver because his assets may be available to you if your injuries are significant.
    Answer Applies to: California
    Replied: 1/31/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    The recovery on a personal injury lawsuit is based on medical bills and what the defendant's insurance coverage was. If you have uninsured coverage that will also come into play. Then the actual monies you receive will be reduced by the medical bills and attorney costs and fees.
    Answer Applies to: Nevada
    Replied: 1/31/2013
    Law Office of J. Michael Gatien
    Law Office of J. Michael Gatien | J. Michael Gatien
    Certainly not but, there may be a limit as to how much insurance coverage is available for the party at fault.
    Answer Applies to: Ohio
    Replied: 1/31/2013
    Law Office of Malosack Berjis
    Law Office of Malosack Berjis | Malosack Berjis
    Not that I am aware of. Is this something that you were told by an insurance adjuster?
    Answer Applies to: California
    Replied: 1/31/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    The only "limit" to which you must be referring is the at fault party's insurance limit. Practically if the at fault party had that limit of insurance, you do not have to accept that, however, unless he/she has assets to pursue after you take the case to trial and obtain a judgment larger than the $25k limit, what is the point of spending the money to obtain such a judgment if you have no chance to collect. If at fault driver's carrier is tendering the limit require two things; certified declarations page to verify the insurance limits and the at fault driver to complete a declaration of no assets over and above his/her insurance limits.
    Answer Applies to: California
    Replied: 1/31/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    No. There is no set limit on how much you can get. However, there may be a limit on the amount of insurance available to you to collect from. The minimum car insurance required in Alabama is $25,000 and it sounds like you are in a situation where you may have a policy limits case. One word of cautionthere may be other insurance monies available to you so you can get a full recovery! Before I would settle, or even consider settling, I would urge you to seek the advice of a lawyer familiar with Alabama insurance and accident law.
    Answer Applies to: Alabama
    Replied: 1/31/2013
    Lydy & Moan | C. Gary Wilson
    No. There may be a $25,000 limit on the insurance that is available.
    Answer Applies to: Ohio
    Replied: 1/31/2013
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    No. The "limit" may be the policy limits of the other driver's insurance policy. But, technically speaking, you never must settle for the limits of the at fault driver's insurance - it is just usually what folks due because you would have to collect from the other driver's personal assets if you went ahead and filed suit and reduced your claim to a verdict at trial. Usually, we look to our own client's "underinsured motorist" coverage (if they have it) on their own policy to get additional compensation.
    Answer Applies to: Colorado
    Replied: 1/31/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The minimum policy limit in NY for automobile liability insurance is $25,000. Many people carry insurance for only that limit. So, if you were injured in a car crash by someone who only carries that limit, that might be all you can get. There are other possibilities, depending on a variety of potential circumstances.
    Answer Applies to: New York
    Replied: 1/31/2013
    Graves Law Firm
    Graves Law Firm | Steve Graves
    No, but the other party's liability insurance coverage may be limited to $25,000 and the other party himself may have nothing to pay a judgment with, so in practical terms there may be only $25,000 available. If you have a lawyer, ask him or her and trust what he or she tells you. Your lawyer wants to make as much money as possible, just like you want to recover as much money as possible.
    Answer Applies to: Texas
    Replied: 1/31/2013
    Marvin Schulman | Marvin Schulman
    Simply put, under most circumstances, never.
    Answer Applies to: Florida
    Replied: 1/31/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    That depends on the amount of assets and insurance policy that the at fault driver has and the insurance policies you have. Helping injury victims & their families achieve justice.
    Answer Applies to: Oregon
    Replied: 1/31/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    There is no limit on damages. You must prove that your damages are worth a certain amount. It appears that if this may have been a car accident whereby the defendant vehicle may have only had an insurance policy of $25,000.00.
    Answer Applies to: New York
    Replied: 1/31/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    No, there is no artificial limit on the amount of damages.
    Answer Applies to: Iowa
    Replied: 1/31/2013
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    If it is an auto case, New York only mandates $25,000 in liability coverage so, that may be all that is available to you.
    Answer Applies to: New York
    Replied: 1/31/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    It depends on the policy of the offending party.
    Answer Applies to: New Jersey
    Replied: 1/31/2013
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    It depends. There is a $25,000.00 minimum liability limit all drivers must carry in Georgia. There can certainly be more coverage available, but will only know for sure once all the right places have been looked at.
    Answer Applies to: Georgia
    Replied: 1/31/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In a true personal injury setting, there is no limit to what a jury might award you, subject to the verdict not "shocking the conscience of the court".
    Answer Applies to: Florida
    Replied: 1/31/2013
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