QUESTION

What is the approximate dollar value of car accident case?

Asked on Oct 27th, 2015 on Automobile Accidents - Florida
More details to this question:
I was rear-ended at speed of 50 miles per hour. At fault party's insurance company paid $5,600.00 in car repairs and the limit of their insured's policy or $10,000.00. I have accepted the amount offered. My attorney then went to my insurance company to collect damages under my uninsured/underinsured coverage of $100,000.00. My insurance company said will not pay anything since $10,000.00 is adequate for my injuries, which they contend were pre-existing. I saw an orthopedic specialist; did 4 months of physical therapy; also had 2 epidural shorts into my thoracic spine. My MRI showed 2 bulging disks in my spine along with degenerative disc disease. I still have pain 1 1/2 years after the auto accident. My attorney filed suit against my insurance company who claims my injuries were pre-existing. My concern is that I could have problems years later due to the bulging disks. What do you feel my insurance company should pay for my type of injuries?
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1 ANSWER

Personal Injury Law Attorney serving Miami, FL
3 Awards
It is impossible, if not irresponsible for any lawyer to give you an opinion on case value from what you provided.  At an absolute minimum, a lawyer would need to review all your accident related medical records, the facts surrounding the accident and prior medical records, if applicable. Let me try to give you some guidance in understanding how personal injury cases are valued for settlement and trial purposes. First, there is no such thing as a “value” of a particular injury; even when the injury is undisputed.  Having said that, there are two “values” to keep in mind. The first, is what the case can settle for; which means what the other side is voluntarily willing to pay and what you are voluntarily willing to accept to avoid the risk of trial.  The other, is what a jury awards you; which you will not know until after you take the case to trial.  With regard to the latter, if you tried your case 20 times, in front of 20 different juries, the verdicts will be all over the place, including zero verdicts from juries that do not believe your injuries were accident related. This is where an experienced personal injury trial lawyer comes in.   Looking at many cases with similar injuries, we generally know an approximate “range” of verdicts. While anything can happen at trial, our analysis focuses on the odds and probabilities of a verdict within a certain range.  We then consider other factors. For example, if the defense claims your injury is not accident related, what are the chances are a jury might agree, and reject our claim. The higher the possibility of a zero verdict, the more we need to discount the settlement value of a case. Included in our analysis of alleged preexisting and unrelated injuries are consideration of past medical records, when the accident happened in relation to the diagnostic testing, the type of degenerative changes showing on the studies, and more.  Important: in this analysis, I am not even factoring issues of who is at fault for the accident. BOTTOM LINE:  While the decision is ultimately yours, you need to have confidence in the experience and judgement of your lawyer. However, if you meet with the lawyer, go over all the facts he/she is taking into consideration and you still have no confidence is the lawyer’s judgement, you should consider retaining a new lawyer. In doing so, be sure the other lawyer is both experienced and has reviewed all relevant records to make reasoned assessment. Be wary of the lawyer who is willing to give you a case value different than your current lawyer without conducting a thorough assessment of the case. Just talking to you is not enough to make a reasoned assessment.  Good luck. 
Answered on Oct 27th, 2015 at 2:23 PM

Jonathan Groff is an AV Preeminent, rated Personal Injury attorney representing clients throughout Florida. (305) 661-3633; Mobile, (305) 302-8807

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