What's my case worth if I was in an auto accident, rear end hit, followed by rotator surgery with permanent damage? 20 Answers as of November 05, 2013

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Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
Your question is direct and to the point. Unfortunately, there are many other variables that determine case value. You should take advantage of a free consultation with an experienced personal injury lawyer to discuss this in greater detail. Most lawyers who are engaged in personal injury practice will provide a free initial consultation. Good luck.
Answer Applies to: Iowa
Replied: 11/5/2013
Oscar E. Toscano | Oscar E. Toscano
I need a crystal ball to tell you. Personal injury cases are fact specific. If you are a pitcher for the Dodgers and have a rotator cuff injury, your claim could be worth millions. Consult with a good trial attorney and discuss the details in private.
Answer Applies to: California
Replied: 11/5/2013
E. Ray Critchett, LLC
E. Ray Critchett, LLC | Ray Critchett
It sounds like you have a serious injury. To determine the true value of your case, an attorney would need to know a lot more details. You may want to schedule a free consultation with an attorney to discuss your case and injuries in greater detail.
Answer Applies to: Ohio
Replied: 11/5/2013
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
It not that simple, need to know medical bills, loss of wages, policy limits, impairment rating, ect.
Answer Applies to: Utah
Replied: 11/4/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Case values vary widely from case to case and place to place. It is the job of an experienced personal injury lawyer to be familiar with such values. Consider consulting one.
Answer Applies to: Alabama
Replied: 11/4/2013
    McMahan Law Firm
    McMahan Law Firm | Van D. McMahan
    The value of your case depends upon many factors. In any good car wreck case you must have three things: 1) liability (it sounds like you have because of the rear end accident); 2) damages (you have because you were injured and incurred medical expenses); and 3) a defendant with the ability to pay (usually means insurance money). If you have a defendant with insurance here or if you have uninsured motorist coverage you may have a good case. Now, if you have all three of these things the dollar amount of what it's worth depends on a lot of additional factors. The most important factor to consider is the amount of your medical expenses. The higher your expenses the more your case is worth. If you have permanent injuries or scaring then your case is worth more. Also, whether you are going to be able to work and earn the same amount of future income is important. Even the geographic location of your wreck could be important. That's where you will likely have to file a complaint if you can't settle your case. If its in a conservative area (white collar type jury pool) your case may not be worth as much. Although by no means an exact calculator of your damages, a good rule to follow is three times your medical expenses. I would ask for six or seven times though and go down from there. The best advice I could ever give you is to let an attorney handle this for you. You will almost always net more with an attorney than without. Good luck and God bless.
    Answer Applies to: Tennessee
    Replied: 11/4/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Minimum of $15,000; maybe more. Let a lawyer handle it unless the insurance policy (including any under-insured coverage on your own policy) is only $15,000. in which event they should offer the policy limit.
    Answer Applies to: California
    Replied: 11/4/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Whatever you can prove to a jury.
    Answer Applies to: Michigan
    Replied: 11/4/2013
    End, Hierseman & Crain, LLC | J. Michael End
    A lawyer must know all of the facts in order to determine the fair settlement value. Considerations include what the medical bills were; what the wage loss, if any, was; whether there will be permanent issues with the shoulder; what line of work you do, so as to determine the significance of the injury; how much pain did you have; how much pain will you have in the future; etc. I think you should find a lawyer to help endure you receive fair compensation for your claim. The statute of limitations is three years from the date of injury.
    Answer Applies to: Wisconsin
    Replied: 11/4/2013
    David Hoines Law
    David Hoines Law | David Hoines
    Depends on all kinds of considerations: your age, what you do for a living, amount of medical bills, lost earnings and earning capacity, degree of disability, amount of advisability, etc.
    Answer Applies to: Florida
    Replied: 11/5/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    All you can get. Rotator cuffs are painful and expensive.
    Answer Applies to: North Carolina
    Replied: 11/4/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    As I've indicated in many, many prior answers, there a multiple factors that go into assessing the viability of a case and the possible range of values of a case. Therefore, to have a reasonably informed/accurate answer to your question, it is best to consult with a local Michigan attorney that regularly handles auto crash cases. In general, if liability is clear and if the connection of the injury/surgery/disability are also clear (and because you believe them to be clear, doesn't necessarily mean the defendant/their insurer will see it that way), then such a case is usually worth the policy limits as long as those limits are 5 figures.
    Answer Applies to: Michigan
    Replied: 10/31/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    There are numerous factors that go into what a case is worth. Some are discussed below. I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, ?I suffered two broken ribs, or ?I am now suffering back pain?, or ?I hurt my leg and had to have surgery? and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say I'm hurt?, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvement First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen?s terms, this is often referred to a ?being released by the doctor?. This term is most often used in the context of a worker?s compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering ? until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages -Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you were actually billed x number of dollars by medical provides, and that you would have earned x dollars had you been at work. A personal injury settlement demand should begin with the amount of special damages, that is, medical bills and lost wages. Intangible Damages-Intangible damages are often the most important component of your damages case. Intangible damages include such things as pain and suffering, mental anguish, and loss of quality of life. Two important factors influence a fair settlement: the severity of your injury, and the duration of your injury. Severity of the Injury By severity of the injury, I am talking about the degree of pain and discomfort you suffer, along with how the injury affects your life and ability to engage in activities. On one end, you have relatively minor injuries that result in moderate pain and do not significantly interfere with your ability to do things. On the other end, you have injuries that result in severe pain and significantly interfere with your ability to engage in activities. An injury that is moderate in pain and its affect on your life would indicate a settlement on the low end of the range of fair settlements. An injury that results in a great deal of pain and significantly interferes with your ability to do things would indicate a settlement at the high end of the range of settlements. The low end might be in the thousands of dollars whereas the high end might be in the tens of thousands of dollars (at this point, I am only talking about severity of the injury, not the duration). Duration of the Injury. Temporary vs. Permanent Injuries the next factor you must consider is the duration of your injury. Some injuries are temporary, others are permanent. Many injuries completely heal and resolve within months or a year. Some injuries are permanent and you still experience pain and some interference with your daily activities after you have reached MMI and have been released by a doctor. Temporary injuries might indicate a settlement on the low end of the range of settlements, whereas permanent injuries would indicate a fair settlement on the high end. An temporary injury that is severe in pain and interference with daily activities might indicate a settlement in the middle between the low and high range of settlements. An permanent injury that is moderate in pain and interference with daily activities might also indicate a settlement in the medium range. However, an injury that is severe in pain and its effect on daily activities and is also permanent would indicate a settlement in the high range. I have been mentioning ?low range? and ?high range? settlements. When it comes to intangible damages, what is fair is a grey area, and there is a great deal room to argue up or down. When I speak of ?ranges?, an attorney or insurance adjuster might say a particular injury has a settlement value of between $25,000 and $75,000 based on the factors I have discussed above. Temporary injuries that are moderate might indicate a settlement for intangible damages in the thousands of dollars, that is, less than $10,000.00. Temporary Injuries that are severe, or permanent injuries that are not severe, may indicate a settlement in the medium range, which could be in the tens of thousands of dollars. Injuries that are both severe and permanent could indicate a fair settlement in the hundreds of thousands of dollars and even exceeding a million dollars. Million-dollar settlements are somewhat rare. Nonetheless, multimillion-dollar settlements are not unheard of. Each case is different, and each case should be valued based on a prediction of what a jury would ultimately award at the end of a trial. Juries are very skeptical of awarding money for personal injuries especially in this age where the general public believes that there are too many frivolous lawsuits. In trying the case to a jury, you must arrange your evidence in such a way that every dollar you ask for is justified. If you are trying to settle a case with an insurance adjuster, the insurance adjuster understands this.
    Answer Applies to: South Carolina
    Replied: 10/31/2013
    W Morris Taylor, PC | W Morris Taylor
    That's a serious injury. You will not likely recover as much on your own as you will net after hiring an experienced attorney to assist you. Without knowing more, your claim can be in the range of $50,000 to $100,00, more or less.
    Answer Applies to: Missouri
    Replied: 10/31/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    You need to call an attorney and get a free consultation for this matter. Every case is different and unique on its own facts.
    Answer Applies to: Texas
    Replied: 10/31/2013
    Goodgame Law, LLC
    Goodgame Law, LLC | Jeffrey L Goodgame
    The evaluation of an injury case depends on several factors such as medical bills, loss wages, pain and suffering, and the nature of the permanent injury. You should consult an injury attorney. Your attorney?s job is to get you as much money as possible while the insurance adjuster?s (or insurance attorney?s) job is to pay you as little as possible. Feel free to contact me for a free consultation.
    Answer Applies to: Alabama
    Replied: 10/31/2013
    The Randal Hutson Law Firm, PLLC
    The Randal Hutson Law Firm, PLLC | Randal Hutson, Esq.
    Each claim is extremely fact sensitive and will depend on a large extent on how well your medical experts testify about the injury to your rotator cuff, as well, of course, as how well your attorney presents your case. The other party's insurers company will most probably argue, and have a doctor testify, that the injury to your rotator cuff was not caused by the accident or was not severe.
    Answer Applies to: Arizona
    Replied: 10/31/2013
    Belushin Law Firm, P.C.
    Belushin Law Firm, P.C. | Vel Belushin
    You would need to bring your medical and the police report to an attorney to get an accurate estimate .
    Answer Applies to: New York
    Replied: 10/31/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    It depends on who you are as a person. Do you present well? Are you likeable? What do you do for a living? Is it your dominant shoulder? How big is the policy of the person that caused the injury? How big is your under insured motorist policy. Etc.
    Answer Applies to: Oregon
    Replied: 10/31/2013
    The Smalley Law Firm, LLC | Cary Smalley
    That depends on what your medical bills were, where the accident was located, among other factors. I suggest you consult with an attorney to discuss the details.
    Answer Applies to: Kansas
    Replied: 10/31/2013
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