Legal Question in Personal Injury in Florida

Valuation

Hey guys, a Louisiana attorney here - trying to help a friend in Florida who was in a car accident. She incurred a mild concussion, a disc bulge and underwent 11 months of chiropractic treatment for pain in her upper neck, mid-back and lower back, migraine headaches and sleep issues. She has a history of migraine headaches, that tripled in frequency and increased in intensity following the accident. Allstate has paid all of her medical bills except $3,021.63. They are offering her a total of $7,500 to settle her case. That sure sounds low to me... How would you value it? Thanks for your help!


Asked on 4/08/08, 11:01 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Valuation

The value of the case depends on if she has a permanent injury. You didn't mention her age. If she has a permanent injury, the amount oferred is low. If not or if it would be extremely difficult to prove, then it is not too bad, especially since it avoids litigation expenses and attorneys' fees.

Seeing only a chiro does not help and it is more difficult to prove permanency without a "real doctor's" diagnosis and treatment.

You don't mention the venue or liability facts and both can have a big impact on the ability to prove permanency as a practical matter.

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Answered on 4/08/08, 11:44 pm


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