What would be the total value estimate of claim? 30 Answers as of October 09, 2012

Nearly head on collision by DUI & DUS wrong-way driver on one-way highway. Medical bills of $120,000. 7 days in hospital, surgeries for broken humerus and metal rod in left arm, broken elbow and metal plate in right arm. Possible residual radial nerve damage left arm, two deep lacerations on right leg with 82 stitches and residual scaring to knee and below. 71-year-old female (wife). More than 4 weeks in nursing home unable to use either arm for that period. Expected 6 months rehab therapy to regain most of use of arms and most of abilities to swim and work out. May not be able to golf anymore.

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

Free Case Evaluation by a Local Lawyer: Click here
SHAPIRO LAW GROUP | ERIC L. SHAPIRO
Potential claims could be very high, but the first question is about instance coverage. Coverage limits of the person who hit you and any uninsured motorist coverage you have.
Answer Applies to: Georgia
Replied: 10/9/2012
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
There is a difference between the value of the injuries (very large in this case), and the value of the case. For example, if the other driver is driving a 15 year old car with $10,000 of insurance coverage, no job, living in an apartment, then the case is worth $10,000. If the other driver is living in a mansion, with millions of dollars of insurance coverage, the the case is worth a lot of money.
Answer Applies to: Michigan
Replied: 10/8/2012
Law Offices of Mark West
Law Offices of Mark West | Mark West
This is a very serious injury claim. I hope you have plenty of time before the statute of limitations runs on this claim. You should sit down with an attorney to discuss the matter in full. There are a myriad of things which go into a "value" of a claim and without actually sitting down and meeting you and getting to know you, it is really difficult to give a value, even an estimate of the claim.
Answer Applies to: California
Replied: 10/8/2012
Robinette Legal Group, PLLC
Robinette Legal Group, PLLC | Jeffery Robinette
Accident victims can be compensated for economic damages: actual dollar losses such as medical bills, lost wages, and lost future income earning ability. Pain, suffering, humiliation, loss of enjoyment of life, and grief over the loss of a loved one are some of the non-economic losses for which a person may receive compensation. Punitive damages are also awarded in rare cases which serve to punish a defendant for extreme negligence and serve to deter future similar conduct by that defendant and others.
Answer Applies to: West Virginia
Replied: 10/8/2012
Law Office of Alan H. Segal
Law Office of Alan H. Segal | Alan H. Segal
Your claim appears to be substantial. The problem may be that the other party may not have sufficient insurance or assets to cover your injuries. Do you have an attorney? You can also take advantage of your own auto insurance policy's under insurance coverage.
Answer Applies to: Massachusetts
Replied: 10/8/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    Have you at least spoken with a lawyer in more detail about this claim? If not you should arrange a meeting with a lawyer ASAP in what appears from your facts to be a serious injury claim. Initial consultation with me and most other Illinois lawyers I know is at no cost to you .
    Answer Applies to: Illinois
    Replied: 10/8/2012
    Sedin Begakis & Bish | Mindy Bish
    In these type of accident it is important to do two (2) things. First send a letter to the auto insurance company and ask that they disclose the policy limits of the drive of the car. Second hire someone to run a asset check of the person who caused the accident. This type of case entitles you to general damages ie: pain and suffering, inability to golf etc, special damages which include all your bills, and punitive damages in that the driver was under the influence. Frankly the case is worth everything they have available to pay.
    Answer Applies to: California
    Replied: 10/8/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    There are numerous other questions needed to value this claim. Permanent impairment, medical insurance paybacks liability etc. feel free to call for a free consultation. It does appear to be a very large claim.
    Answer Applies to: Connecticut
    Replied: 10/7/2012
    Mike Yeksavich | Mike Yeksavich
    There is no set amount for damages. Make an appointment to see me.
    Answer Applies to: Oklahoma
    Replied: 10/7/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    I am very sorry to hear about your accident. It sounds as if there are very significant injuries involved. It is very difficult to estimate the value of a personal injury claim without knowing all of the facts and details of your case and your injuries. As I am sure you are aware, you are entitled to compensation for your medical bills, lost time from work, any permanent or lasting injuries, permanent scars and pain and suffering among other things. It is quite possible your normal auto insurance policy might not be enough to compensate you fully for your injuries and damages. I would strongly suggest you contact a personal injury attorney in your area and seek a consultation. He or she will be able to hear all of the facts of your case and help you determine what your best options are and what the value of your case may be. Good luck to you!
    Answer Applies to: Arizona
    Replied: 10/7/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    If there is sufficient liability or UM insurance the case is worth many hundreds of thousands of dollars, but only if handled by the right attorney. If you try to negotiate this yourself the insurer will cheat you. If you hire an attorney who is not an expert at this kind of case the insurer will cheat both you and him.
    Answer Applies to: Georgia
    Replied: 10/4/2012
    LAW OFFICE OF ROBERT T. DURBROW, JR. | Robert T. Durbrow, Jr.
    I am so sorry that you suffered such devastating injuries. Especially that you may not be able to play golf again. I do not know how long ago your accident took place. The Statute of Limitations in California is two years. If you do not commence an action within that time or take other steps to preserve your rights, you not be able to collect from the responsible party. It sounds to me like you have not yet fully recovered from the injuries you sustained in the accident. An estimate of the amount of damages you would be entitled to at this time would be premature. However, it appears that you are entitled to substantial damages. The amount of damages will depend to a great deal on how it affects you life in the future.
    Answer Applies to: California
    Replied: 10/4/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have a great case. no insurance company wants to try a case that involves their insured driving drunk . Problem is, most drunks drivers either have no insurance or have only the minimum of $30000. Have you checked the defendant out? Do you know his coverage? Have you asked? have you checked him in the register of deeds or tax office? Do you know if he owns property? (not jointly with wife but by himself) Have you checked to see if he has other judgments against him? Do you have underinsured coverage? If so, how much coverage do you have? (do you know what underinsured coverage is or what it does)you need the best lawyer you can find to advise you. Do not try to deal with this yourself. The adjuster will deceive you, try to tie you in knots and will not likely be truthful about coverage or what your options are. their job is to protect the company and save money for the company. Their job is not to help folks. Their TV advertising is one big lie
    Answer Applies to: North Carolina
    Replied: 10/4/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    It is impossible to put a value on a claim like this based on a four line description, plus it is probably too early in the accident victim's treatment to attempt to put a figure on it because you do not yet know what degree of pain and functional limitations the accident victim will have to live with once she is stable and her injuries have healed to the point that they are as good as they are going to get (maximum medical Improvement is the medical/legal term). Unless the driver has unusually high insurance coverage, or the accident victim has extensive underinsured coverage, it is likely the damages will exceed the insurance coverage, in which case the value equals the insurance coverage. If there is unlimited insurance coverage, from what little I have heard, I would put the value at a minimum of $250,000.00, and would not be surprised if it exceeds $1,000,000.00. One downside to the claim is the victim's age. These same injuries would justify a higher demand for damages from a younger individual simply by virtue of the fact that a younger individual would have to live longer with the injuries, and younger people tend to be more active and these injuries would likely cause a younger person to miss out on more activities than an older person.
    Answer Applies to: South Carolina
    Replied: 10/4/2012
    The Smalley Law Firm, LLC | Cary Smalley
    I suggest that you consult with an attorney to ensure that you are fairly compensated and to discuss the details of your situation.
    Answer Applies to: Kansas
    Replied: 10/4/2012
    Tomalas Law Firm
    Tomalas Law Firm | Ryan Tomalas
    Unfortunately, there is not an easy answer or "formula" to use in calculating what your claim is "worth." There are numerous different factors to consider; including but not limited to how much (if any) the medical bills have been paid (for example by private health insurance and/or Medicare), what (if any) amounts remain outstanding, more specifics about the collision, more specifics about the impact that her injuries have had upon your wife's life and what the available insurance policy limits are (carried by the at-fault driver or under your own uninsured/underinsured motorist coverage). Furthermore, it is not out of the realm of possibility that you may have your own claim to make as a result of your wife's significant injuries (but again, MUCH more information would be needed to determine this). We don't always suggest that a person needs an attorney to help them when they have been in an accident; however, in light of the significance of the injuries suffered and medical bills incurred, we strongly recommend that you consult with an experienced personal injury attorney. The reality is that the insurance company for the at-fault party will do anything possible to try to minimize what they may have to pay to resolve your wife's claim. We specialize in representing injury victims like you/your wife and would be very interested in discussing your claim; the consultation is free and we do not get paid until/unless we are successful in recovering on your behalf.
    Answer Applies to: California
    Replied: 10/4/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    The value of your claim is high but much depends on a more detailed explanation including the venue . This is a case of sufficient size and complexity that an attorneys' advice will be needed to address issues including whether there is other insurance including uninsured or underinsured motorist coverage. The relationship of Medicare or insurance subrogation to any payment is also relevant. The best method of receiving sums e.g. whether a structured settlement should be used is another consideration.
    Answer Applies to: Georgia
    Replied: 10/4/2012
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    In SC, it sounds like you were involved in a very serious collision. You should consult with a local attorney as soon as possible in regards to this matter.
    Answer Applies to: South Carolina
    Replied: 10/4/2012
    Maurice L. Abarr  Lawyer, Inc.
    Maurice L. Abarr Lawyer, Inc. | Maurice L. Abarr
    That depends on the future losses that are anticipated. What the physicians or life care planner is estimating the future medical needs are and what the economist is calculating as the diminution of future earning capacity. To answer as succinctly as possible: In the millions, assuming there is a responsible party or insurance to cover that amount.
    Answer Applies to: California
    Replied: 10/4/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    I think the real issue is if there is enough insurance coverage to fairly compensate you. Remember medicare or your health insurance will have to be paid back. Case could easily value over $500,000.00 in right jurisdiction. You need an attorney.
    Answer Applies to: Alabama
    Replied: 10/4/2012
    Hirsch, Closson, McMillan & Schroeder, APLC
    Hirsch, Closson, McMillan & Schroeder, APLC | Paul Schroeder
    You should consult a lawyer. A lot more work up needs to be done on this case to determine its value. However, your recovery will, as a practical matter, probably be limited by the insurance coverage carried by the other driver and your own under insured motorist coverage.
    Answer Applies to: California
    Replied: 10/4/2012
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    It sounds like the limits of the policies of insurance should be paid to you. That may include your own Uninsured/Underinsured Motorist Coverage. There are multiple legal issues involved in resolving the claim and dealing with the liens that are likely in place by the medical care providers and health insurers. Feel free to contact my office to discuss. If you are not in my area, I will help find competent counsel closer to you. Stay well.
    Answer Applies to: Alabama
    Replied: 10/4/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    Please call an attorney.
    Answer Applies to: Michigan
    Replied: 10/4/2012
    Bozich & Korn | Joseph A. Korn
    The type of case you describe would have a very high value. However, the other issue is what is the recoverable value. Many drivers, and you dont really say anything about the other driver, only carry the bare minimum in coverage, or $20,000. So if a policy demand was made upon the other drivers company that is all that could be recovered from the company. I suppose there is a chance the driver could be independently wealthy and you could hold him personally responsible for any amounts over that, but that is rarely the case. So, it is very hard to answer the question as to what the value of the case might be.
    Answer Applies to: Illinois
    Replied: 10/4/2012
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    It is difficult to put a number on a case with such horrific losses. This is the type of case where I would want to know both the policy limits of the at fault driver and the limits of my client's under insured motorist coverage. I would also want to explore where the drunk was served alcohol because there is the potential for a Dram Shop case for serving someone that is visibly intoxicated. This can be a very complicated case and the tavern or person that may have served the drunk is entitled to notice of this type potential claim pretty early on. Please retain an attorney that handles these types of cases so that your wife can get the best recovery possible. If there is a large policy your attorney is going to need to enlist the help of some experts in coming up with the amount of future care your wife is going to need.
    Answer Applies to: Oregon
    Replied: 10/4/2012
    Law Offices of Steven D. Urban
    Law Offices of Steven D. Urban | Steven D. Urban
    IMHO, it is a more complicated question than can be answered on a message board. The value of your case depends on the hard facts you've cited, but it also depends on who you are, how you present to others and the story you have to tell, as well as any insurance available. In any event, the value of the claim appears to be substantial. You are best off to retain counsel to have these questions answered in person.
    Answer Applies to: Texas
    Replied: 10/4/2012
    Law Offices of David M. Blain
    Law Offices of David M. Blain | David Blain
    No attorney would be able to provide you with a figure or even a limited range of money for the value of your case. And you should be very suspicious of any attorney who does because they will likely exaggerate the amount to try and get you to retain them for the lawsuit. There are many, many factors that must be considered when determining the value of a lawsuit. These facts are not discovered and known entirely up front and may only become known through the course of discovery. It appears that the accident you were involved in was a serious one. If you prevail in pinning liability on the other party then you will be entitled to compensation, which in the law is called damages. You would be entitled to recover economic and non-economic damages. Economic damages include medical bills (past and future), lost wages (past and future), property damage, etc. Non-economic damages include compensation for physical pain, anxiety, grief, suffering, etc. It's difficult to put a dollar amount on non-economic damages as there is no marketplace for these types of things that allow us to value what nerve damage sells for or what the inability to use your arms would cost.
    Answer Applies to: California
    Replied: 10/4/2012
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You should consult an attorney further.
    Answer Applies to: Illinois
    Replied: 10/4/2012
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    The value of this case is likely to be quite large. One important factor that may affect the ultimate recovery is the amount of available insurance coverage or the assets of the other driver that may be available to satisfy a judgment. With serious injuries like these, you would be well served to contact an attorney who is experienced with personal injury cases.
    Answer Applies to: North Carolina
    Replied: 10/4/2012
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney