QUESTION

Is there a $25,000.00 limit to the amount of money you can receive for a 3 disc back injury?

Asked on Jan 29th, 2013 on Personal Injury - Florida
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21 ANSWERS

Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
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If you have filed a limited jurisdiction suit, then $25,000 is the most you can get in damages. If it is unlimited, then there is no upper limit to your damages. If you have an attorney representing you, you should check with him or her about your damages. If you don't have an attorney, you might want to consult with some personal injury lawyers to make sure you have filed in the right court and have a chance to be made whole. You get only one chance, so you want to do it right. Good luck.
Answered on Feb 06th, 2013 at 4:08 AM

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I know of no such limit legally. Some software programs used by adjusters may artificially set such a limit or guideline, but at court you can get what the jury decides is fair.
Answered on Feb 01st, 2013 at 8:01 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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There is no limit under law. there may be a limit on the amount of insurance coverage the other party has. 30000 is the minimum, but a lot of folk don't have insurance or they let it lapse.
Answered on Feb 01st, 2013 at 6:33 PM

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Automobile Accidents and Injuries Attorney serving Santa Ana, CA at Law Offices of Maurice L. Abarr
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No such legal limit. There may be, however, only $25,000 in insurance coverage available. Conventional wisdom is that rejecting the responsible party's offer of his or her insurance policy limit and suing the responsible party for more is a waste of time and money because most of the time that person can escape the judgment (i.e., not pay it) by filing bankruptcy.
Answered on Feb 01st, 2013 at 10:47 AM

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I assume you were in an automobile case. The driver may have only $25,000 liability limits, so that might be a problem in terms of collectibility. If you had uninsured/underinsured motorist coverage, you should be able to recover up to the limits of your own insurance as well. In the abstract, if you sustained disk damage to 3 disks, you should be entitled to a lot more that $25,000.
Answered on Feb 01st, 2013 at 7:51 AM

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Lisa Hurtado McDonnell
The limit not on the injury but on the amount of insurance a person has purchased.
Answered on Feb 01st, 2013 at 7:50 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Without additional details I cannot give you a firm answer, but generally. no, recovery is set by the amount of damages which were caused by the wrongful or negligent party.
Answered on Feb 01st, 2013 at 1:07 AM

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Insurance Defense Attorney serving San Bernardino, CA at Ricks & Wear, PLC
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There is no statutory limit to your recovery although a practical limitation may be the insurance policy limits of the responsible party.
Answered on Jan 31st, 2013 at 11:49 PM

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No, there is not. This amount is what the insurance company might be willing to pay. One-third of it might also coincide with the amount your attorney is willing to accept for working out a settlement, without litigating the case in court. But your claim is against the person or the business liable for your injury, and the size of the judgment depends on your actual damages: the costs of treatment and rehab, already incurred and reasonably expected in the future; the income lost due to the injury; the loss of future earnings due to the injury; and compensation for pain and suffering. What part of the judgment will be paid by the defendant's insurer is, technically, does not concern you: the rest would have to be paid by the defendant. But that, unfortunately, only a theory. In practice, the insurer will pay what it agreed to pay; the defendant - well, it depends... Some defendants will claim that they don't have any assets against which the judgment can be enforced - and will fight you in court on this issue until hell freezes over. Many defendants are, actually, unable to satisfy the judgment; all you will get from such a defendant is a small portion of his paycheck until he retires. There are many other scenarios and considerations that can make litigating a particular case a proposition that you, yourself, will reject in favor of just accepting the settlement the insurance is offering: while the amount is insultingly small, it might still be better than the alternative. So, it appears that your attorney might not feel it worth spending time to explain to you all the reasons why you should accept the offered settlement, and, instead, tells you that $25000 is all you can get. As I tried to explain, it might be true - in practical sense; but there is no law that sets such a limit. What is important is that you understand all the facts and issues in your case, and make your decision rationally. It is also important for you to understand that, if you accept the settlement, you will have to sign a release from liability (which means that you will not be able to change your mind later and sue for a more adequate compensation, even if you find out that your injury was a lot more serious than the doctors realized at the time). Accepting a certain sum as a settlement "in satisfaction of all claims" is a decision that you will have to live with; don't make it lightly, or with an incomplete information. And, under any circumstances, don't let anyone make this decision for you.
Answered on Jan 31st, 2013 at 10:47 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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The only "limit" to which you must be referring is the at fault party's insurance limit. Practically if the at fault party had that limit of insurance, you do not have to accept that, however, unless he/she has assets to pursue after you take the case to trial and obtain a judgment larger than the $25k limit, what is the point of spending the money to obtain such a judgment if you have no chance to collect. If at fault driver's carrier is tendering the limit require two things; certified declarations page to verify the insurance limits and the at fault driver to complete a declaration of no assets over and above his/her insurance limits.
Answered on Jan 31st, 2013 at 8:18 PM

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Personal Injury Attorney serving Los Angeles, CA at Law Office of Malosack Berjis
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Not that I am aware of. Is this something that you were told by an insurance adjuster?
Answered on Jan 31st, 2013 at 12:03 PM

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James Eugene Hasser
No. There is no set limit on how much you can get. However, there may be a limit on the amount of insurance available to you to collect from. The minimum car insurance required in Alabama is $25,000 and it sounds like you are in a situation where you may have a policy limits case. One word of cautionthere may be other insurance monies available to you so you can get a full recovery! Before I would settle, or even consider settling, I would urge you to seek the advice of a lawyer familiar with Alabama insurance and accident law.
Answered on Jan 31st, 2013 at 12:00 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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The minimum policy limit in NY for automobile liability insurance is $25,000. Many people carry insurance for only that limit. So, if you were injured in a car crash by someone who only carries that limit, that might be all you can get. There are other possibilities, depending on a variety of potential circumstances.
Answered on Jan 31st, 2013 at 11:58 AM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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That depends on the amount of assets and insurance policy that the at fault driver has and the insurance policies you have. Helping injury victims & their families achieve justice.
Answered on Jan 31st, 2013 at 11:56 AM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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No, but the other party's liability insurance coverage may be limited to $25,000 and the other party himself may have nothing to pay a judgment with, so in practical terms there may be only $25,000 available. If you have a lawyer, ask him or her and trust what he or she tells you. Your lawyer wants to make as much money as possible, just like you want to recover as much money as possible.
Answered on Jan 31st, 2013 at 11:56 AM

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No, there is no artificial limit on the amount of damages.
Answered on Jan 31st, 2013 at 11:53 AM

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If it is an auto case, New York only mandates $25,000 in liability coverage so, that may be all that is available to you.
Answered on Jan 31st, 2013 at 11:52 AM

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Bankruptcy Law Attorney serving Livingston, NJ
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It depends on the policy of the offending party.
Answered on Jan 31st, 2013 at 11:51 AM

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Personal Injury Attorney serving Atlanta, GA at Gregory S. Shurman, LLC
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It depends. There is a $25,000.00 minimum liability limit all drivers must carry in Georgia. There can certainly be more coverage available, but will only know for sure once all the right places have been looked at.
Answered on Jan 31st, 2013 at 11:50 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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In a true personal injury setting, there is no limit to what a jury might award you, subject to the verdict not "shocking the conscience of the court".
Answered on Jan 31st, 2013 at 11:49 AM

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Complex Litigation Attorney serving Weston, FL at Schulman Law Group
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Simply put, under most circumstances, never.
Answered on Jan 31st, 2013 at 11:48 AM

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