Legal Question in Personal Injury in California

What could a case with permanent damage be worth?

I have a Personal Injury case in which I walked into a window at a

large financial institution. I have exhausted the 10k in MedPay

and now am looking to settle my case. I also have about 35k+ in

Loss of Wages. I have also been told by the Dr.'s involved and

Physical Therapist that my condition will be Chronic.

I have suffered a blow to the side of the head which resulted in a

neck/back injury with 2 bulging disks. I never had an ounce of

back/neck pain previously.

I know that you may not be able to give me an exact amount, and I

know that the situation varies. I am 38 years old and otherwise

healthy.

Please do advise. Thanks very much!


Asked on 1/16/04, 10:00 pm

7 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: What could a case with permanent damage be worth?

Hire an attorney, NOW. He/she should look at everything involved and have an expert give their input, etc., etc.

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Answered on 1/20/04, 1:55 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: What could a case with permanent damage be worth?

Unless you can demonstrate that the defendant is at fault for your collision with the window, the case won't be worth anything. The institution isn't automatically liable just because the accident happened on its premises.

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Answered on 1/19/04, 4:46 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: What could a case with permanent damage be worth?

If there is an appropriate predicate for liability, i.e. that the bank's negligence caused you to walk into the glass, the case may be worth a six figure verdict.

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Answered on 1/19/04, 5:07 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: What could a case with permanent damage be worth?

Why did you walk into the glass?

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Answered on 1/19/04, 5:25 pm
Terry A. Nelson Nelson & Lawless

Re: What could a case with permanent damage be worth?

It's worth what the defendant will pay to settle, or what the jury awards at trial. Anything else suggested is just a wild guess. IF there is liability, and that is not clear, it may be worth as much as recovery of your out of pocket damages plus a multiplier based upon your medicals [for pain and suffering].

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Answered on 1/19/04, 6:31 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: What could a case with permanent damage be worth?

Generally speaking...you should ask for three times of your out of pocket expenses!!

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Answered on 1/19/04, 7:44 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: What could a case with permanent damage be worth?

There are many more factors that need to be ascertained before rendering proper valuation of the case. I do not think that every case is similar and that a cookie-cutter approach of specials times 3 is the way to go. Damages times 3 was a creation of insurance industry and has no basis whatsoever on law or fact. It was simply created to measure (often incorrectly) the value of pain, suffering and discomfort. The same formula, has now been changed by the same insurance industry to specials time 1 or sometimes even 1/2. Just ask any lawyer who practices in the field or PI. If you are offered something like what I just described, you don't have to accept such a low ball offer. Instead, get representation and fight for your rights.

What I would still need to know for proper evaluation is the following: (1) your past, present AND future medical expenses; (2) your profession and the effect your injury has on doing your job; (3) future loss of income; (4) future loss of earning capacity; (5) potential for surgery or surgeries and the risks as well as costs associated therewith; (6) the location of court for the search of similar jury verdicts; (7) your marital status and the effect of your injury upon your marriage. There might be other factors but the aforementioned will suffice for proper evaluation.

Do not settle without first knowing the value of your case. Also, the statute of limitations on personal injury cases occurring after 1/1/2003 is 2 years. Good luck.

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Answered on 1/19/04, 8:28 pm


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