QUESTION

How would I know how much an injury is worth?

Asked on Sep 18th, 2013 on Personal Injury - Georgia
More details to this question:
My back injury left me partially permanent restriction they want to offer me $50000 and me sign off on my back.
Report Abuse

11 ANSWERS

Ronald A. Steinberg
Talk to a lawyer. Bear in mind that one surgery will eat up that money, and you will still have to pay out of pocket.
Answered on Sep 30th, 2013 at 2:02 AM

Report Abuse
James Eugene Hasser
Without knowing more about the facts of the case and the law that covers you, it is impossible to answer the question. But even with more info, it would still be difficult, if not impossible. Case values vary widely from case to case and place to place. You probably should consult an experienced personal injury lawyer. Good luck.
Answered on Sep 23rd, 2013 at 12:19 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Depends on what drs say, what bills are, what permanency if any, lost wages, liability, damage etc etc etc. not enough info here get you a good PI lawyer.
Answered on Sep 23rd, 2013 at 9:04 AM

Report Abuse
I assume you have a California Workers' Compensation injury. Physical disabilities are given a percentage rating which are worth a certain amount of money after adjustment for age and occupation. The formula is not that hard to figure out. Some Boards have an information officer who can help you determine the percentage of permanent disability. But you also need to know how much your future medical treatment is worth and whether you should settle that of leave it open, especially if you are not sure you will have future medical coverage for it. Workers' Comp. applicants attorneys normally charge between 10-15% of the permanent disability award but maybe you can get one to review your case and advise you for less of a percentage since most of the work has been done on the case [perhaps get them to agree to taking a percentage of what ever you get above the $50,000 and then converting that dollar figure into a percentage of the total PD].
Answered on Sep 23rd, 2013 at 4:50 AM

Report Abuse
Thomas Edward Gates
You need an attorney representing you. $50,000 seems low for a permanent restriction.
Answered on Sep 20th, 2013 at 10:38 AM

Report Abuse
Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
Update Your Profile
You would know by consulting an attorney that specializes in your type of claim and has handled hundreds or thousands of same before. You would give that attorney all the information in re: your injury, the facts thereof, your medical care, the records thereof, etc. for before a reasonable analysis can take place. You could reach agreement with the attorney on an hourly rate, a flat fee or a contingent fee.
Answered on Sep 20th, 2013 at 10:20 AM

Report Abuse
You hire a lawyer to properly evaluate your medical records. The mere fact you are asking the question indicates you don't know what to do. Failure to properly evaluate your situation could leave you far short of an appropriate financial recovery. Why cheat yourself.
Answered on Sep 20th, 2013 at 9:38 AM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
You really need to retain a lawyer if you want to determine the value of your case. Lawyers have three years of legal education, after which some focus their practice on personal injury cases. Those who do not focus on personal injury, such as real estate lawyers or Family Court Lawyers are not qualified to determine the value of a case. I cannot think of any way for you to learn to make this determination. The good news is, since you have received an offer, the attorney should only charge a percentage of what he/she could obtain above the amount you have been offered. I would need to know a lot more about your case to try to give you my opinion as to the value. I do not even know if this case is worker?s compensation case or some other type of personal injury case. If it is worker's comp, the factors that are used to make an award are your average weekly wage for the 4 quarters preceding the accident, the impairment rating assigned to you by your doctor, and how the injury will affect our ability to be employed in the future. If it is another type personal injury claim, the things to consider are set out below: I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, ?I suffered two broken ribs, or ?I am now suffering back pain?, or ?I hurt my leg and had to have surgery? and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say ?I?m hurt?, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen?s terms, this is often referred to a ?being released by the doctor?. This term is most often used in the context of a worker?s compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering ? until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2)
Answered on Sep 20th, 2013 at 9:32 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
You don't state whether this is a worker's comp claim or a liability case. If it 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 and your rate of pay, offset by payments you have already received. Otherwise, assessment of damages in a personal injury case requires detailed analysis of liability, the injuries, and the effect of those injuries upon the individual. This analysis includes application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. A "cookie-cutter" approach, a standard answer or a formula would be a disservice to someone such as yourself, who needs the help of an experienced personal injury lawyer. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. That being said, if this is a car crash case, it may be that $50,000 is the limit of the policy. If that's all their is, then that's all there is. But how do you know? If you don't have a lawyer, you need one. If you do, then don't try to second-guess your lawyer by going on the 'net and trying to get free advice from people who don't know you or your case. The results would be completely invalid.
Answered on Sep 20th, 2013 at 9:09 AM

Report Abuse
Personal Injury Attorney serving Milwaukee, WI
1 Award
Many things go into determining what fair compensation is. Those things include the medical bills, any future medical bills, wage loss, any future impairment of earning capacity, how painful the injuries are, and how the injuries disrupt your life. There is no easy formula to determine what constitutes fair compensation. I think you would be wise to hire a lawyer who does injury cases to help you determine fair compensation. You will probably be money ahead by doing so.
Answered on Sep 20th, 2013 at 9:04 AM

Report Abuse
Workers Compensation Attorney serving Atlanta, GA at The Law Offices of Laura M. Lanzisera
Update Your Profile
I would contact a WC lawyer ASAP if you were injured at work to help you evaluate claim.
Answered on Sep 20th, 2013 at 9:03 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters