QUESTION

What is my case worth if a police vehicle rear ended me and admitted he was at fault?

Asked on Feb 09th, 2013 on Personal Injury - Massachusetts
More details to this question:
I was in a motor vehicle accident. I have cervical disc bulges c1 to c-7. I receive injections. I have exhausted all other options for treatment. I am about to have laser spine surgery. I have injuries in my lumbar spine L5,L6 . Therapy discharged me after 6 months because of no improvement.
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22 ANSWERS

You can sue the policeman and Metro. You can also make a claim on your insurance if you have UIM coverage. Ask you agent.
Answered on Apr 01st, 2013 at 3:00 AM

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Ronald A. Steinberg
Your case is worth what you can prove to a jury.
Answered on Feb 13th, 2013 at 7:01 PM

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Personal Injury Attorney serving Los Angeles, CA at Law Office of Malosack Berjis
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The value of just about every personal injury case including yours, really depends on several factors, which include (but, are not limited to) the following: the nature, extent & severity of injuries; the amount of medical bills & lost wages you have incurred; your age; and, so on. Using such information, your lawyer that is, assuming that you have hired one to handle your case should be able to give you some idea of what a case, such as yours, is worth. However, in the event that you have not hired an attorney to assist you with this matter, then I highly recommend that you do so immediately, since there are very strict time restrictions when it comes to asserting a claim against a governmental entity.
Answered on Feb 13th, 2013 at 12:59 PM

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Have you already file a claim with the police department? Has it been denied? The statute of limitation runs six month after denial of your claim.
Answered on Feb 13th, 2013 at 11:00 AM

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Edwin K. Niles
Its difficult to evaluate a case on such limited information, but if you are having surgery you have a very substantial claim. Before filing suit, you must have filed a claim against the police agency or the municipality within six months from the date of injury. We suggest that you see an experienced attorney today.
Answered on Feb 13th, 2013 at 11:00 AM

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Personal Injury Attorney serving Beverly Hills, CA
Partner at Engelman Law, APC
Cases against the police department or its officers must be filed under strict timelines. Specifically, you must file a government claim against the proper entity within six months of the incident. Given the seriousness of your injuries, as described, and the short statute of limitations, you should consult with a lawyer right away to ensure that your rights are protected.
Answered on Feb 13th, 2013 at 10:59 AM

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Personal Injury Attorney serving Atlanta, GA at Gregory S. Shurman, LLC
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It is very difficult to predict a cases worth without a significant amount of information. You should consult with an attorney to discuss the details of your case. Most attorneys will not charge for the initial consultation.
Answered on Feb 13th, 2013 at 10:58 AM

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Andrew Traub
It's difficult to know the case value without knowing more about your treatment, the county you were injured in, the future treatment, whether you have become disabled, your prior medical history, etc. How long ago was the accident?
Answered on Feb 13th, 2013 at 12:22 AM

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The value of your case depends on several factors.
Answered on Feb 12th, 2013 at 11:53 PM

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Civil Practice Attorney serving Redmond, WA at Magnuson Lowell P.S.
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Clearly you have a very significant injury. No attorney can honestly tell you what your case is worth based on the brief info you have provided. In order to properly evaluate a case, it is necessary for an attorney to read/review all of your medical records, consult with your treating doctors, ensure that your treating doctor/surgeon will be willing to testify that your injuries are related to the car accident, and more importantly, get details about the effect of the injuries from you. This is a process that is necessary and important - in order to assess the potential value of your case. You would be making a claim against the police department - which has its own complications. You definitely should contact a qualified personal injury attorney to assist you.
Answered on Feb 12th, 2013 at 10:30 PM

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James Eugene Hasser
This is literally the million dollar question I get asked every day. If I had the answer to it, I'd be rich, but I'm not. I don't have a crystal ball and neither does any other lawyer. What your case is worth is based on a variety of factors, but mostly on 3 things: liability, damages and collectability. I am going to take your word that liability is not an issue, but I would like to know the circumstances of the wreck. Cases against government entities and employees can be tricky. Cities usually have short time limits to put them on notice of a claim (6 months) and if you don't do it in time, they can't be sued. There are also limits on how much you can get out of the City ($100,000). If you're time has run, you can sue the policeman personally, though. I think you're damages are ok, but I don't know enough about your injuries. I don't know how old you are, but disc bulges are quite common in the general population and I've never seen one that was operable. They are usually from age and wear and tear. It is my guess you will have a hard time getting your Dr to say they're from the accident. Although you don't say where you need the surgery, my guess is it's in the lumbar area. That is of more concern to me than the cervical area. You will be off work for a while recovering from surgery and will have lost wages. You will have medical bills for the surgery and post-surgical physical therapy. You will probably develop arthritis at the site and may need future medical care and possibly surgery down the road. The injury and surgery will probably leave you with permanent restrictions that could affect your earnings ability. Your medical insurance carrier will want its money back. If you are going to have surgery, it is premature for anyone to evaluate your claim now. You would need to heal up from the surgery well enough for your Dr. to predict your future care and figure out if you have a permanent disability. There is free information on Alabama accident law on the internet. After you review that info, if you decide you need a lawyer, look for one familiar with Alabama accident law. Good luck.
Answered on Feb 12th, 2013 at 10:24 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You may have an awkward situation: police are immune from civil liability unless the city has obtained insurance to cover your type of loss. Are you sure that there is such a policy in effect and has it been acknowledged to you? Your case will be based on the nature and extent of your injuries, the amount of medical care you have received, the amount of the bills, what the doctors say about your injuries, whether there is any permanency to your injures and whether you need future medical care and whether you have wage or income loss. Your note suggests you have serious injuries, if you do you need a good personal injury lawyer to help you. you are not in good position to deal with this by yourself. The insurance co will do its best to take advantage of you and keep you in the dark. They are trained to do that and they do it to a fare thee well.
Answered on Feb 12th, 2013 at 10:05 PM

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Lisa Hurtado McDonnell
Well you need to finish treatment also you need to find out what your impairment rating is and what his insurance coverage.
Answered on Feb 12th, 2013 at 9:11 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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The value of a case depends on numerous factors and an attorney would need much more information to give you an opinion. Some 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) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you were actually billed x number of dollars by medical provides, and that you would have earned x dollars had you been at work. A pers
Answered on Feb 12th, 2013 at 9:07 PM

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Christian Joseph Menard
Anyone who causes an accident is responsible for all resulting damages, including a police officer. However, you will need to file a Government Tort Claim against both the city (assuming it is a city policeman) or county (if he was employed by the county). You have 6 months to do so. Only then can you file a lawsuit against the police department and individual officer causing the accident.
Answered on Feb 12th, 2013 at 3:22 PM

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Elder Law Attorney serving Aventura, FL at Elder Needs Law, PLLC
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In Florida, the police have limited immunity that limits your claim to $200,000 (any more has to be authorized by the legislature). I would have to review your medical records to really evaluate the value of your claim (preexisting injuries, conditions, current disability, etc...).
Answered on Feb 12th, 2013 at 3:21 PM

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Personal Injury Attorney serving Overland Park, KS at Ankerholz & Smith
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You need to speak with a qualified lawyer regarding your case liability and damages. Consult an experienced personal injury attorney.
Answered on Feb 12th, 2013 at 3:19 PM

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Personal Injury Attorney serving Northglenn, CO
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There are a number of things you need to do in order to claim damages against a governmental entity. The first thing you need to do is give notice within 6 months of the accident to the governmental agency that there is a claim out there. Normally governmental agencies are immune from claims. However, there are a number of exceptions to this rule. You need to consult an attorney to make sure you do not lose out on a claim.
Answered on Feb 12th, 2013 at 3:18 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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Did you file a claim against the public entity within 6 months of date of injury? If not, get to an attorney pronto to see if there is still time to file a petition for a late claim!
Answered on Feb 12th, 2013 at 3:18 PM

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It is impossible to answer this question based upon the limited amount of information you have provided. In fact, it sounds as if your injuries are serious enough that you should consult with a local personal injury attorney.
Answered on Feb 12th, 2013 at 3:18 PM

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Toxic Torts Attorney serving St. Louis, MO at The Gogel Law Firm
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It is difficult to say without knowing the amount of your medical bills, lost wages, and how much pain and suffering you were forced to go through. Needless to say, people don't have laser spine surgery for minor accidents, which could make your case more valuable than many other car accident cases. You should contact an attorney as soon as possible to discuss your options.
Answered on Feb 12th, 2013 at 3:17 PM

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Personal Injury Attorney serving Boston, MA
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It is really impossible to answer this question with the information given. Liability is clear, so it is really a question of what your damages are. Since you are still in treatment, your "pain and suffering" is ongoing and it is premature to assess value. We don't know how you will feel after surgery. Will the surgery take care of your pain, or will you have a permanent disability? These are important factors in assessing value. Did you have any lost wages? How much are your medical bills? Without this information, no experienced lawyer can honestly give you a value. I will comment that because it was a police vehicle that hit you, most likely there is a state or city cap on your damages. In Massachusetts, the most you could collect is $100,000. However, other insurance policies to possibly get more can be explored.
Answered on Feb 12th, 2013 at 3:16 PM

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