QUESTION

What's my case worth if I was in an auto accident, rear end hit, followed by rotator surgery with permanent damage?

Asked on Oct 30th, 2013 on Personal Injury - Kansas
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Answered on Nov 05th, 2013 at 5:06 PM
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.

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Answered on Nov 05th, 2013 at 7:04 AM
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.

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Answered on Nov 04th, 2013 at 3:55 AM
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.

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Answered on Nov 04th, 2013 at 3:36 AM
Whatever you can prove to a jury.

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Answered on Nov 04th, 2013 at 3:34 AM
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.

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Answered on Nov 04th, 2013 at 3:16 AM
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.

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Answered on Nov 04th, 2013 at 2:38 AM
It not that simple, need to know medical bills, loss of wages, policy limits, impairment rating, ect.

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Answered on Nov 04th, 2013 at 2:18 AM
All you can get. Rotator cuffs are painful and expensive.

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Answered on Oct 31st, 2013 at 1:40 PM
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

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Answered on Oct 31st, 2013 at 1:37 PM
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.

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Answered on Oct 31st, 2013 at 12:15 PM
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.

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Answered on Oct 31st, 2013 at 12:14 PM
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.

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