QUESTION

What is the settlement amount I possibly could receive after attorney fees if I had rotor cuff surgery and a shot in the neck?

Asked on Jan 05th, 2013 on Personal Injury - Iowa
More details to this question:
I have already had surgery on my rotor cuff and completed therapy but I have not had a shot in my neck yet my lawyer says it would make the settlement. I want to know for who him or me cause I feel like he may get the bulk of the money while I owe all of my money to bills and fees for borrowing money from others.
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9 ANSWERS

Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Who shot you in the neck?
Answered on Jul 11th, 2013 at 12:02 AM

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Ronald A. Steinberg
At the very heart of every attorney-client relationship is supposed to be mutual trust and respect. If you are asking the question that you did, that means to me that you either do not trust him or do not respect him (or both). I suggest having a meeting with him and asking him to explain the reasons why he is saying what he is. If it makes sense and you do trust and respect him, then do what he recommends. If it doesn't make sense, then get a second opinion.
Answered on Jan 11th, 2013 at 1:42 AM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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Any time a procedure is recommended and injured party fails to undertake the doctor's recommendation that will work to reduce settlement amount. Your willingness to undergo a cervical injection indicates the degree to which you are injured and therefore increases the case value, not only because your medical specials are higher, but also shows more objective corroboration of injury if you are willing to undergo such a procedure. Typically attorney fee agreement provides for 33% of amount recovered so by recovering more money for you he/she will obviously be entitled to a larger fee. However, if you are having neck symptoms that have not subsided post accident, you really are not in a position to consider settlement yet because you want to return to your pre-accident status or treat such that treaters conclude that you have a permanent injury and won't return to pre-accident status.
Answered on Jan 10th, 2013 at 11:51 PM

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NA richard@jandjlaw.com
In my experience, cuff tears with surgery, and a mild permanent impairment of arm / shoulder function have a FMV of between 60K-100K, depending on how much the medical expenses total up to and / or your other out of pockets, such as earnings loss. With the cervical spine being involved, too, you need to find out what is going on in that region, such as, perhaps, undergoing MRI. If you have a cervical disc, obviously that increases the overall value of the claim, especially if you need discectomy and / or fusion. Take your time. You have a three year limitation of action statute. However, for you to get the value that you deserve on this claim, I strongly recommend that you retain an experienced tort lawyer.
Answered on Jan 10th, 2013 at 11:50 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Typical, you don't know what you or your lawyer are doing. Your lawyer should have a contingent (percentage) fee so he doesn't get the "bulk of the money" The lawyer is due his contingent fee, doesn't matter what your bills are or what you get. Get that straight in your head. He gets his fee for the gross settlement. If you have 30 or 40000 dollars in bills due why is that his problem. He gets you gross money with which you pay your bills and whatever remains is your net. Your settlement is the GROSS recovery. The bills areYOURS. Why does he have to apologize about his fee because you have large bills. your settlement is probably based on a small amount of insurance coverage so he is probably doing the best he can to max out the figure why don't you sit down and talk to your lawyer in terms you can understand, especially about fee.
Answered on Jan 10th, 2013 at 11:12 PM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Jan 10th, 2013 at 11:06 PM

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Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL at The Ticktin Law Group
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This depends on a number of issues, such as the limits of the other driver's insurance policy. If you already have an attorney, I would discuss the matter with him or her in detail. Don't be afraid of asking any tough questions. Remember, if he or she is on a contingency agreement, you're interests are aligned. He or she will get more if you are going to get more, so they are likely to want to get the best result. If you think that this is not the case because your lawyer is weak and does not really litigate cases, then find a lawyer you can trust. I know that I didn't answer your question, but this is about all I can do.
Answered on Jan 10th, 2013 at 10:58 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Assessment of an appropriate settlement requires detailed analysis of liability and damages, including 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. You mention that you have a lawyer. Either you trust him or you don't. If you trust him, take his advice. If you don't, then get another lawyer. You could get a copy of your file from your current lawyer, go to one or two others and pay to get an evaluation and then decide if you want to stay with the one you have, or switch.
Answered on Jan 10th, 2013 at 10:36 PM

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No lawyer can value this case based on the little information provided. If you don't trust your lawyer's advice find another one.
Answered on Jan 10th, 2013 at 10:28 PM

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