What is my case worth if a police vehicle rear ended me and admitted he was at fault? 37 Answers as of April 01, 2013

I was in a motor vehicle accident. I have cervical disc bulges c1 to c-7. I receive injections. I have exhausted all other options for treatment. I am about to have laser spine surgery. I have injuries in my lumbar spine L5,L6 . Therapy discharged me after 6 months because of no improvement.

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Durham Jones & Pinegar | Erven Nelson
You can sue the policeman and Metro. You can also make a claim on your insurance if you have UIM coverage. Ask you agent.
Answer Applies to: Nevada
Replied: 4/1/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Your case is worth what you can prove to a jury.
Answer Applies to: Michigan
Replied: 2/13/2013
Mosley, Engelman & Jones, LLP
Mosley, Engelman & Jones, LLP | Britany M. Engelman
Cases against the police department or its officers must be filed under strict timelines. Specifically, you must file a government claim against the proper entity within six months of the incident. Given the seriousness of your injuries, as described, and the short statute of limitations, you should consult with a lawyer right away to ensure that your rights are protected.
Answer Applies to: California
Replied: 2/13/2013
LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
Have you already file a claim with the police department? Has it been denied? The statute of limitation runs six month after denial of your claim.
Answer Applies to: California
Replied: 2/13/2013
Neufeld, Kleinberg & Pinkiert, PA, a personal injury law firm
Neufeld, Kleinberg & Pinkiert, PA, a personal injury law firm | Jason Neufeld
In Florida, the police have limited immunity that limits your claim to $200,000 (any more has to be authorized by the legislature). I would have to review your medical records to really evaluate the value of your claim (preexisting injuries, conditions, current disability, etc...).
Answer Applies to: Florida
Replied: 2/12/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian Menard
    Anyone who causes an accident is responsible for all resulting damages, including a police officer. However, you will need to file a Government Tort Claim against both the city (assuming it is a city policeman) or county (if he was employed by the county). You have 6 months to do so. Only then can you file a lawsuit against the police department and individual officer causing the accident.
    Answer Applies to: California
    Replied: 2/12/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Its difficult to evaluate a case on such limited information, but if you are having surgery you have a very substantial claim. Before filing suit, you must have filed a claim against the police agency or the municipality within six months from the date of injury. We suggest that you see an experienced attorney today.
    Answer Applies to: California
    Replied: 2/13/2013
    Law Office of Malosack Berjis
    Law Office of Malosack Berjis | Malosack Berjis
    The value of just about every personal injury case including yours, really depends on several factors, which include (but, are not limited to) the following: the nature, extent & severity of injuries; the amount of medical bills & lost wages you have incurred; your age; and, so on. Using such information, your lawyer that is, assuming that you have hired one to handle your case should be able to give you some idea of what a case, such as yours, is worth. However, in the event that you have not hired an attorney to assist you with this matter, then I highly recommend that you do so immediately, since there are very strict time restrictions when it comes to asserting a claim against a governmental entity.
    Answer Applies to: California
    Replied: 2/13/2013
    Law Offices of Benjamin D. Pelton | Benjamin D. Pelton
    It sounds like a good case. I need a lot more information to evaluate the value of your case. You may be required to send a written notice of your claim to the commonwealth of Virginia within a certain time limit to preserve your claim. You need to talk to a lawyer
    Answer Applies to: Virginia
    Replied: 2/12/2013
    workerscomp.tv
    workerscomp.tv | Terrence A. Valko
    The value of a case wtih strong liability still depends upon wage loss up to the present and on into the future, whether you have limited tort liability, the extent of your spinal trauma, the permanence of your symptoms and related factors counsel will discuss with you in private.Sounds like a good case. Lawyers like to represent Plaintiff who were rear-ended.
    Answer Applies to: Pennsylvania
    Replied: 2/13/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    Ask your lawyer.
    Answer Applies to: Florida
    Replied: 2/13/2013
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    It is very difficult to predict a cases worth without a significant amount of information. You should consult with an attorney to discuss the details of your case. Most attorneys will not charge for the initial consultation.
    Answer Applies to: Georgia
    Replied: 2/13/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Ask your attorney. If you do not have one, get one. The question clearly demonstrates that need.
    Answer Applies to: California
    Replied: 2/13/2013
    The Traub Law Office, P.C. | Andrew Traub
    It's difficult to know the case value without knowing more about your treatment, the county you were injured in, the future treatment, whether you have become disabled, your prior medical history, etc. How long ago was the accident?
    Answer Applies to: Texas
    Replied: 2/13/2013
    The Law Office of Jared Eisenstat | Jared Eisenstat
    The value of your case depends on several factors.
    Answer Applies to: California
    Replied: 2/12/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    Calculation of damages (even without permanent impairment) in a personal injury action can be based as much on the amount of medical bills (and thus medical treatment and suffering) incurred by the Plaintiff, plus wage loss, temporary impairment, suffering, lost opportunities as any other metric. While L5/L6 injuries isolates the location of the injury, you need an evaluation regarding the extent of the injuries. Once you have reached maximum medical improvement, have Counsel determine a fair amount of damages for your injuries.
    Answer Applies to: Nevada
    Replied: 2/12/2013
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    This could be a tricky case. Police have immunity in certain situations. Where did this happen? Did the police vehicle have its lights activated? More information is needed to better answer your question.
    Answer Applies to: Illinois
    Replied: 2/12/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    This is literally the million dollar question I get asked every day. If I had the answer to it, I'd be rich, but I'm not. I don't have a crystal ball and neither does any other lawyer. What your case is worth is based on a variety of factors, but mostly on 3 things: liability, damages and collectability. I am going to take your word that liability is not an issue, but I would like to know the circumstances of the wreck. Cases against government entities and employees can be tricky. Cities usually have short time limits to put them on notice of a claim (6 months) and if you don't do it in time, they can't be sued. There are also limits on how much you can get out of the City ($100,000). If you're time has run, you can sue the policeman personally, though. I think you're damages are ok, but I don't know enough about your injuries. I don't know how old you are, but disc bulges are quite common in the general population and I've never seen one that was operable. They are usually from age and wear and tear. It is my guess you will have a hard time getting your Dr to say they're from the accident. Although you don't say where you need the surgery, my guess is it's in the lumbar area. That is of more concern to me than the cervical area. You will be off work for a while recovering from surgery and will have lost wages. You will have medical bills for the surgery and post-surgical physical therapy. You will probably develop arthritis at the site and may need future medical care and possibly surgery down the road. The injury and surgery will probably leave you with permanent restrictions that could affect your earnings ability. Your medical insurance carrier will want its money back. If you are going to have surgery, it is premature for anyone to evaluate your claim now. You would need to heal up from the surgery well enough for your Dr. to predict your future care and figure out if you have a permanent disability. There is free information on Alabama accident law on the internet. After you review that info, if you decide you need a lawyer, look for one familiar with Alabama accident law. Good luck.
    Answer Applies to: Alabama
    Replied: 2/12/2013
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Clearly you have a very significant injury. No attorney can honestly tell you what your case is worth based on the brief info you have provided. In order to properly evaluate a case, it is necessary for an attorney to read/review all of your medical records, consult with your treating doctors, ensure that your treating doctor/surgeon will be willing to testify that your injuries are related to the car accident, and more importantly, get details about the effect of the injuries from you. This is a process that is necessary and important - in order to assess the potential value of your case. You would be making a claim against the police department - which has its own complications. You definitely should contact a qualified personal injury attorney to assist you.
    Answer Applies to: Washington
    Replied: 2/12/2013
    Law Office of Michael H. Joseph PLLC | Michael Joseph
    It sounds like you have a very good case. The value of a case is somewhat variable, because if you try the case in front of ten different juries, you will get ten different results. But in general, a case with spinal surgery should settle for six figures.
    Answer Applies to: New York
    Replied: 2/12/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You may have an awkward situation: police are immune from civil liability unless the city has obtained insurance to cover your type of loss. Are you sure that there is such a policy in effect and has it been acknowledged to you? Your case will be based on the nature and extent of your injuries, the amount of medical care you have received, the amount of the bills, what the doctors say about your injuries, whether there is any permanency to your injures and whether you need future medical care and whether you have wage or income loss. Your note suggests you have serious injuries, if you do you need a good personal injury lawyer to help you. you are not in good position to deal with this by yourself. The insurance co will do its best to take advantage of you and keep you in the dark. They are trained to do that and they do it to a fare thee well.
    Answer Applies to: North Carolina
    Replied: 2/12/2013
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    Well you need to finish treatment also you need to find out what your impairment rating is and what his insurance coverage.
    Answer Applies to: Utah
    Replied: 2/12/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    The value of a case depends on numerous factors and an attorney would need much more information to give you an opinion. Some things to consider are set out 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 Improvment 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 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.
    Answer Applies to: South Carolina
    Replied: 2/12/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    If the officer was on an emergency run, then you may not be able to recover from him or his agency, but then you should have a claim against your own insurance policy under its UIM coverage. Regardless, the value of your case could be substantial, although you have not provided enough information to provide a value range. However, if you do proceed with the surgery and had no prior cervical or lumbar issues (pre-existing degenerative changes, prior injures or symptoms), the case should be worth in excess of $100k, especially after you factor in lost wages.
    Answer Applies to: Ohio
    Replied: 2/12/2013
    Goodgame Law, LLC
    Goodgame Law, LLC | Jeffrey L Goodgame
    You should consult an injury attorney. More information is needed to properly evaluate your case.
    Answer Applies to: Alabama
    Replied: 2/12/2013
    S. Joseph Schramm | Joseph Schramm
    The value of your case depends upon the amount of your medical bills, any income loss from employment, property damage to your car and the duration of your pain, whether you have a prior injuries to your C1-C7 and L5-L6 regions of your back. It also may depend on where you live and where you might file a suit.
    Answer Applies to: Pennsylvania
    Replied: 2/12/2013
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    I am very sorry to hear about your accident. It is difficult to determine the dollar value of your claim without knowing many more facts of your situation. Personal injury claims are based in large part on your "damages" which consists of your medical expenses, lost time from work, type of injury you suffered, type and frequency of treatment you required, whether or not you are going to have permanent disabilities and of course, pain and suffering. It sounds from the information you gave that you have a significant injury. I would strongly suggest you contact a personal injury attorney in your area and seek representation. Handling a claim such as this on your own can be difficult and time consuming and insurance companies tend to take advantage of unrepresented parties. Most personal injury attorneys offer free consultations and work on a contingency fee, meaning you have no out of pocket attorney fees and your attorney is paid once your claim is resolved.
    Answer Applies to: Arizona
    Replied: 2/12/2013
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    You need to speak with a qualified lawyer regarding your case liability and damages. Consult an experienced personal injury attorney.
    Answer Applies to: Kansas
    Replied: 2/12/2013
    Law Office of Kevin C. Flesch | Lori Beck
    There are a number of things you need to do in order to claim damages against a governmental entity. The first thing you need to do is give notice within 6 months of the accident to the governmental agency that there is a claim out there. Normally governmental agencies are immune from claims. However, there are a number of exceptions to this rule. You need to consult an attorney to make sure you do not lose out on a claim.
    Answer Applies to: Colorado
    Replied: 2/12/2013
    Maurice L. Abarr  Lawyer, Inc.
    Maurice L. Abarr Lawyer, Inc. | Maurice L. Abarr
    Did you file a claim against the public entity within 6 months of date of injury? If not, get to an attorney pronto to see if there is still time to file a petition for a late claim!
    Answer Applies to: California
    Replied: 2/12/2013
    John Russo | John Russo
    No attorney can give you that answer based upon the info you have provided on this site, all I will say is that I hope you retained counsel at the beginning of this matter, because if you have not I will tell you this, you will not receive anywhere near what this case could have been worth, at the time you do finally settle, thats for sure.
    Answer Applies to: Rhode Island
    Replied: 2/12/2013
    The Flowers Law Firm, P.C. | Donivan W. Flowers
    It is impossible to answer this question based upon the limited amount of information you have provided. In fact, it sounds as if your injuries are serious enough that you should consult with a local personal injury attorney.
    Answer Applies to: Texas
    Replied: 2/12/2013
    The Gogel Law Firm
    The Gogel Law Firm | Jeremy Andrew Gogel
    It is difficult to say without knowing the amount of your medical bills, lost wages, and how much pain and suffering you were forced to go through. Needless to say, people don't have laser spine surgery for minor accidents, which could make your case more valuable than many other car accident cases. You should contact an attorney as soon as possible to discuss your options.
    Answer Applies to: Missouri
    Replied: 2/12/2013
    Mike Lewis Attorneys | Mike Lewis
    Damages are determined by medical bills, lost wages, permanent impairment, and pain and suffering. The police may be able to claim immunity, and if so, would likely offer less than you would otherwise get.
    Answer Applies to: North Carolina
    Replied: 2/12/2013
    The Hilt Firm, llc
    The Hilt Firm, llc | Matthew L. Hilt
    It is important that you consult an attorney to make certain that you file a timely anti litem notice, if you are required to do so. Failure to file such a notice might bar your lawsuit.
    Answer Applies to: Georgia
    Replied: 2/12/2013
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    It is really impossible to answer this question with the information given. Liability is clear, so it is really a question of what your damages are. Since you are still in treatment, your "pain and suffering" is ongoing and it is premature to assess value. We don't know how you will feel after surgery. Will the surgery take care of your pain, or will you have a permanent disability? These are important factors in assessing value. Did you have any lost wages? How much are your medical bills? Without this information, no experienced lawyer can honestly give you a value. I will comment that because it was a police vehicle that hit you, most likely there is a state or city cap on your damages. In Massachusetts, the most you could collect is $100,000. However, other insurance policies to possibly get more can be explored.
    Answer Applies to: Massachusetts
    Replied: 2/12/2013
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