Legal Question in Personal Injury in Wyoming

shoulder injury

I was riding a bike last year and was struck by a truck, The driver was found at fault, and his insurance company has been paying all of the bills. In fact they suggested that I submit a pain and suffering claim based on my Dr. reports.

The Dr.'s have said that my shoulder is injured in such a way that really nothing can be done at this time but I will always have pain and limited motion, and eventually it will take a total shoulder replacement. I also have 4 teeth that could need root cannals in the future, but nothing with the teeth is for sure.

My initial injuries included a hairline fracture in my shin and 18 stitches, two fractures in my left elbow, a hairline fracture in my cheek bone, trauma to the teeth, scapes and cuts.

Since the insurance company is being really good right now (I feel part of this is because they were told by the emergency room Dr. if I would not have been wearing a helmet they would have been paying a death benifit to my wife.) I don't at this time want to get an attorney involved, but I have no idea what I should ask in compensation.

Can you help with this?


Asked on 12/20/02, 12:04 pm

1 Answer from Attorneys

L. Eric Lundgren Lundgren Law Offices, P.C.

Re: shoulder injury

The information you provided is sufficient only to allow me to determine that you should be able to establish liability and that you have some damages that exceed a minor soft tissue injury case. I would need more information to even begin evaluating your damages, including the total amount of your past medicals, the length and nature of any treatment received, lost wage information, information relating to the impact of the injury on your day to day activities, your long term recovery prospects, etc.

You are correct to seek advice about the fair value of your claim. If your claim were one of limited value involving only soft tissue injuries, I might feel comfortable providing you with a value, after obtaining a little extra information from you. However, in a case with more serious injuries, I do not believe that any attorney can accurately provide advice on the value of your claim without a complete review of your medical records and a thorough review of your case.

From my experience, it sounds like the insurance company is treating you well in the hope that you will choose not to hire counsel. Why? Because it sounds like you have a good case. People who are not experienced in negotiating injury claims often have a difficult time valuing a case, lack the experience to know how to present the claim for the best result, and are often so intimidated by the prospect of litigation they will accept a settlement of less than their case is worth to avoid having to deal with the courts. In short, insurance companies want to avoid the involvement of counsel because it saves them money. Allstate Insurance Company, in my experience one of the most difficult insurance companies to deal with, even used to publish a brochure for people who were injured in accidents with its insureds that tried to persuade people that they should not hire counsel.

In any event, I would be happy to discuss this with you further if you want to e-mail me or call me at (307) 632-0132 with additional information. If you are committed to not retaining counsel to represent you in negotiations, I may be able to provide you with some information that will help you develop your own evaluation of your claim's value, but you will have to provide me with quite a bit more information.

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Answered on 12/22/02, 8:17 am


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