Legal Question in Personal Injury in Massachusetts
What $ figure can I put on my injuries?
I am a 55 yr. old female in good physical condition w/ no prior injuries.
In August my husband & are were shopping for a new vehicle at a large dealersip for a new car. I walked to the front a vehicle to view the front of that vehicle (which happened to be on some nice thick grass), next thing I knew I was stepping into a 20 inch hole with my right foot,being 5 feet tall I was in up to my knee. The hole tapered at the bottom and my foot was stuck in an upward folded fan position, I also had a soft sandle on. I had to agressively
pull my foot out of the hole,and when I pulled I herniated my disc also fell to the ground.My MRI showes nerve root
compression. I fractured my great toe,had a small stone removed in the ER a one inc. gash on the bottom of the great toe, scrapes on the right side of the foot up to my knee. My foot Dr. said I have a Neuromas in the foot also
am going this week for an MRI on the foot. My Foot Dr. thinks that I tore something under the foot.
I have photos of the hole on the dealership property as well as the injuris of my foot.The Ins. Co. has copies of these also and are not disputing my injuries. The insurance policy is only 5k in medical payments and Liability is 100/300. What is this worth?
3 Answers from Attorneys
Re: What $ figure can I put on my injuries?
The dollar figure on your injuries is subjective and may vary greatly based on the insurance company involved. Each company "values" an injury based on an amalgamation of all factors involved. One factor is liability, but also magnitude of the injury is important too. Many attorney's make demands based on medical bills incurred, work or activities lost, and severity and permanency injury and pain.
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Re: What $ figure can I put on my injuries?
It is not possible to give a precise estimate of your damages based on the limited information you provided.
Verdicts and settlements in cases involving herniated disk injuries vary widely depending on how severe the herniation was, the extent of damage, whether surgery such as a discectomy, laminectomy, spinal fusion or other procedure is required, the amount of medical bills and other factors. Some people suffer permanently from these injuries and require multiple surgeries, other people recover fully either on their own or through physical therapy. Settlements and verdicts vary from zero to hundreds of thousands or, in extreme cases, millions of dollars in damages. You also have the injuries to your foot which are relevant. I would want to know more about your disk injury before placing a value on your case. Many disk injury cases with strong liability result in settlements of over $100,000.
The amount of insurance that this large dealership carried, though important, need not be decisive as to the amount you recover. The dealership is liable whether or not it maintained adequate insurance.
In general, according to Allstate Insurance Company, insurers pay 2-3 times more to settle a claim when individuals are represented by an attorney. How much you recover might well depend on whether you represent yourself or are represented by an experienced attorney.
Re: What $ figure can I put on my injuries?
While it is difficult to specifically value your case without more facts it is sure that the value will diminish the more you talk to the insurer without being represnted by a lawyer. Retain a lawyer before talking to anyone.In this type of personal injury, tort case there will be no lawyer's fee unless the lawyer succeeds in getting a recovery for you.
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