Legal Question in Personal Injury in Pennsylvania

Re: How much is a claim worth?

There are a number of factors to look at when determining the worth of a claim, but if you're doing it without an attorney, you can save that 30% right off the top. Working only off of your email, I'd say that if you can't settle for at least $150, I'd recommend seeking representation. I'm sure other lawyers will respond to your question, since the claim seems like a good one. If you do decide to get a lawyer, make sure you feel comfortable with him or her and make sure you read the fee agreement. Good luck.

Re: How much is a claim worth?

Wow,

Terrible thing that has happened.

I respectfully disagree that the case is worth $150,000. One of the interesting things about your email is the comment that the nurse had "lost her job". If this is the case, then the nurse would be entitled to claim what the law identifies as "lost earning capacity" (that is- the amount of money IN THE FUTURE, that the nurse will lose because of losing her job). Obviously, this can really increase the value of the case big time.

It is true that you will save the attorney fee if you settle it yourself. However, if the lawyer can get the case settled for a substantial increase that you could, then the nurse will still be making out much better than he/she would without the lawyer.

I am an attorney who is licensed in Pennsylvania, New Jersey and Florida.

Call me at 215.850.9400 if you'd like to discuss it more.

Take care and be well.

Re: How much is a claim worth?

How do you know how much to ask for? You go through law school, get years of experience, get to know the victim, and conduct a thorough investigation and evaluation of the facts of liability and damages. Then you brainstorm with your colleagues to work out your strategy.

I am frankly astounded at the other attorney's answer. Trying to settle a serious case with permanent disabling injury, without an attorney, is not a good idea. That's an understatement. It's a terrible idea.

As a nurse, what would you say if someone came to you and said, "I want to perform my own blood tests, can you tell me how to find a vein?"

Don't call me because I don't want anyone to think I'm saying this from self-interest.

There isn't nearly enough information to make any evaluation of the value of your claim. It's downright irresponsible to suggest a demand figure at this stage. But one thing's for sure: if you mention any figure to the adjuster, you will NEVER, EVER get more than that, no matter what happens in the future.

Most likely, the adjuster will lowball you and stall until you either have to take an unreasonably low amount, or end up trying to find an attorney at the last minute.

In about 6 months, the 2-year statute of limitations will run. Do you know who the actual, corporate owner of the gas station is? Do you know if there's any maintenance or management company that might be responsible for the ice? Our firm often turns down cases which had good potential, if there isn't enough time to do an adequate investigation before the statute runs.

You need to consult an attorney NOW.

Re: How much is a claim worth?

Our firm concentrates on cases such as this and would be very interested in speaking to you. Your case value depends upon a multiple of factors and it could not be approximated based upon the information you have given. A detailed inspection of the medical records by the Dr. on our staff would have to be done to determine what, if any, injuries had been caused by this most unfortunate slip and fall. We would then have to find out why these injuries have kept you from working. We would have to review any accident reports, police reports, witness statements and weather records to get an understanding on what the liability is in the case.

When hiring an attorney you get what you pay for. We are listed in the "Best Lawyers in America".

Remember the insurance company does not have to settle with you they can simply let your time run out. Therefore they have the advantage. The statute of limitations in Pa. is 2years from the date of the injury. 6 mos if a governmental entity is involved. Contact us at www.munley.com

if you want to talk about your case in detail. Good luck

Re: How much is a claim worth?

Any atty who tells you what your case is worth after reading a few sentences about it is merely trying to get you to sign up with him. No atty can evaluate a case with the few facts you have provided. Clearly, you'll do better with an experienced personal injury atty than if you try to settle the case by yourself--experienced personal injury attys are an insurance adjuster's worst nightmare. In order to find a lawyer you have confidence in, go to websites and talk to the lawyers. You'll get a "feel" and develpe a comfort level. Watch out for the statute of limitations. Hire your lawyer well before your 2 year anniversary--no atty likes to file suit the day before the statute of limitations runs. I prefer a few months! Call if you have questions.

Richard Senker. 1 866 AUTOCRASH (toll free).