QUESTION

What do you think my case is worth if mid last year, I was hit head on by a driver who crossed the media (which is 15-20 yards wide)?

Asked on Feb 13th, 2015 on Personal Injury - California
More details to this question:
I tried to move but was struck anyway. I've suffered multiple right toe fractures which required surgery and pins, minor left toe fracture no surgery, left knee fracture no surgery but wore brace for several months left arm laceration, which needed skin graft due to severe scarring; a ruptured diaphragm which needed immediate surgery. I would not have made it but for being air lifted, where I spent 2 weeks in the hospital and another 2 in a rehab hospital. I suffered from some PTSD and have been in PT for 4 about months, and have had several doctor visits. Workerโ€™s compensation has fitted the bill since I was on the job, which may be $100,000-$300,000. The adverse driver was % 100 at fault but has $15,000-$30,000 policy. My employer has $1,000,000 UM policy. Thank you for your time.
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3 ANSWERS

Edwin K. Niles
We don't usually try to answer this question, as there are simply too many variables. However, I will take a stab at it. Depending on how you have recovered, $300,000 to $600,000. I am just now settling a case of internal injury with surgery and a big belly scar (female) for $250,000. She didn't have your other injuries, but is claiming that she is no longer attractive to her husband because of the scar. Bear in mind that the WC insurance will claim a right of reimbursement, which is also subject to negotiation. Ask for the policy ($1M) and go from there. Insurance companies will never willingly pay the policy if they can avoid it.
Answered on Feb 13th, 2015 at 7:06 PM

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I am sorry you were so badly injured, but it seems you can only collect at most $15,000 more. The WC carrier is entitled to either take a credit for or recover from the third party who hit you the amount of their insurance policy unless you can set up a settlement that it is for pain and suffering, since those are not WC benefits. The UM policy is irrelevant, it would be an under insured motorist provision that you would be looking at but I doubt it would apply to you [check with the insurance carrier] as opposed to the employer them self. If you were driving your own car, you need to see if there is any UIM coverage when you are driving in the course of your work [normally that is excluded]. With a lane separation that wide, it would be very difficult to argue there is some defect with the roadway so that you could sue a governmental entity. If the person was drunk and someone served them alcohol knowing they were drunk, you could sue under the dram shop act. Was there anything mechanically wrong with the car so as to cause the accident? Does your state have any type of fund for people hurt by others? Go to a local personal injury attorney who handles high value cases and see if they can offer any suggestions, but I personally do not see anything else you can do.
Answered on Feb 13th, 2015 at 7:06 PM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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I don't know where in the State you are but I implore you to retain a competent personal injury attorney at all deliberate speed.
Answered on Feb 13th, 2015 at 6:00 PM

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