How much is my claim worth if it involves permanent vertebrae damage?

Question

I had a work place accident where I incurred a severe concussion and permanent damage to three-neck vertebrae. Approximately how much should my settlement be?

Jeffrey Lapin · Answer

There is no magic formula to determine what a case like yours is worth under Nebraska's Workers' Compensation law. For certain workers' compensation injuries, the amount a case is worth can be determined fairly easily. An example would be if you broke your finger and were left with an impairment rating, you would be entitled to a certain amount of weeks of permanent partial disability benefits. The permanent partial disability benefit amount is based on your average weekly wage. However, for head and neck injuries there is no set formula. To determine the value you would have to know what your "loss of earning capacity" is based on your injuries. Usually a specialist in calculating loss of earning power is retained to determine this value. Your loss of earning capacity is based on your education, rate of pay, work experience, the nature and extent of your injuries and all permanent limitations/ restrictions you have a result of your injuries. The loss of earning capacity evaluation is not usually done until you reach medical maximum improvement, which means you are healed as much as you can from your injuries.  Without knowing your loss of earning capacity and whether you will need future medical care I cannot tell you what a fair settlement would be.  You might want to talk to a workers' compensation lawyer to learn more about your rights and the possible value of your case.

Dennis P. Mikko · Answer

If your claim arose out of and during the course of your employment with your employer who is the person you are looking to for settlement, the claim would be governed by the worker's compensation laws.  You cannot sue your employer for job related injuries except in some very limited circumstances.

Melvin Franke · Answer

It is impossible to give an opinion. You have to have a rating report (Independent medical Exam - IME) by a qualified spine specialist.  

The other side may not agree but that is a necessary first step.

Keven A. McKenna · Answer

Not sure. Try 3/4 of wages for the 13 previous weeks for 72 months brought to present value minus 20% for attorneys fees and good medical records.

Stephen Lombardi · Answer

It appears you have a serious claim and one that can not be answered so easily. 

A lawyer has to know a lot more about the facts of your case before he or she can express a credible opinion. 

As an example, have you had surgery? If so how well did you heal? Did the doctors place restrictions on your activities? How have those restrictions and permanent impairment affected your earning capacity? Do you anticipate further medical treatment?  If so, what type  of settlement are proposing? One that closes out the right  to future benefits?  

As you can see this is complex and the answer can not  be given at the express lane; because in the practice of law there is no  express lane. Call our office  to set up an interview.

James Osak · Answer

Whatever you can get for your injuries. There is no set amount.

Arthur Aiken · Answer

You need to get a lawyer to evaluate your claim. It appears that you were seriously injured and that you have a workers' compensation claim. 

Your net after attorneys' fees will probably be substantially higher than the total award that you will get on your own.

Andrew Velonis · Answer

You use the phrase "work place accident".  So, if this is a comp claim and you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability. 

But: you should get some advice as to whether the schedule award is your best option. 

Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. 

If this is a claim against a "third party" (someone other than your employer) assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidenciary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. 

To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records.

Ronald Lowry · Answer

It depends on the nature and expense of your treatment, how well you heal, what limitations you have after you have healed as much as you can, etc. That said, it should be a substantial amount. You really need an attorney for this. Do not try to do it alone.

Timothy Klisz · Answer

This is based on workers comp, so you need to consult with an expert in that area.  I can help.

Michael Sgarlat · Answer

I need more information  including your medical history before and after  the injury.  Medicat  treatment, surgeries, physical therapy etc...  

The total amount of medical bills and future medical bills if certified by a Board Certified  Physician, lost wages, future lost wages, disability rating, life  expectancy,  vocational rehabilitation information.

Mark Smith · Answer

This depends you may have pain and suffering for the remainder of your life but if there is a permanent partial disability you would need a physician to testify to a reasonable degree of medical certainty.

Mark Leonardo · Answer

You need to direct your question to a worker's compensation attorney.

Irving Blank · Answer

There is no formula or computer program to answer your question. There are many factors that must be considered. You need an EXPERIENCED workers comp lawyer before you sign anything.

Michael Yeksavich · Answer

It sounds like  you have serious injuries.  There are no normal amounts as each  person's injuries can effect them in different ways.  I would like for you to  set up an appointment with me.

Ronald A. Steinberg · Answer

Ask me on the day of trial after I have gotten testimony from all the witnesses, including the doctors.  Anyone who gives you an answer with numbers is a fool.

Thomas Bulman · Answer

$5,750-12,500.

Gregory Crain · Answer

Need more information.

Jonathan Jilek · Answer

There is no way of establishing that in an email. Please contact my office for a free consultation.

Steven A. Schwartz · Answer

In order to properly assess your claim, more information is needed. With worker's compensation, your average weekly wage plays a big factor in what you are entitled to.  These cases are evaluated differently from auto accidents, slip and falls, etc.

Howard Mishkind · Answer

If you suffered a work place injury and your claim is through workers compensation the valuation of your claim is controlled by a number of set  factors. 

If you do not have a workers compensation attorney you should consult with one before settling. 

If your claim is against someone other then your employer the value of your claim is dependent on whether you had to have surgery, whether you have lost any past and future income and whether your injury would be classified as a permanent and substantial injury which would increase the amount you can recover for your pain and suffering. 

You should talk to an attorney that handles personal injury claims about the value as you should not settle your claim without professional advise, especially since you may have a permanent injury that impacts your ability to work and your ability to enjoy normal activities of daily living.

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How much is my claim worth if it involves permanent vertebrae damage?

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