QUESTION
What do you think is the least amount he should settle for, excluding his medical life time medical bills?
Asked on Nov 20th, 2014 on Personal Injury - New York
More details to this question:
A friend of mine fell in a manhole. While the constructions workers where working, they didn't have any safety signs. The hole was in the walk section of the lines, so there was no jaywalking. He had to be taken by the ambulance from the scene. He was put on crutches when he was discharged from the hospital. He been on bed rest for a while, been going to therapy for two years for back and knee pain. The doctor said it may be a life time recovery on the back pain. Medical bills are way over $10,000. He lost his employment, his apartment, his savings and still having pain all the time after two years of treatment. He can't enjoy sex the same, pain when sleeping, getting in and out of cars etc. His lawyer is seeking an offer, or setting a trial date.
1 ANSWER
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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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. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. I typically spend about 4 - 6 hours reviewing a file once it is complete in order to determine my settlement position. You don't even mention what the injuries are; you don't say what his employment was, what his income was, or whether he will be able to work in the future. Even your location makes a difference. You do mention that he has a lawyer. Your friend either trusts his lawyer to make the proper evaluation, or he does not. If he does, then he should go with that. If he does not, then he should get another lawyer.
Answered on Nov 24th, 2014 at 5:54 PM