How much does my case worth?

[jack153]

What is the name of your state (only U.S. law)? NY

Herniated disk on a no fault accident (hit and run)... No surgery only 6 months therapy.... How much insurance usually settle for? Or approximately how much they will offer?

 

[Zigner]

What is the name of your state (only U.S. law)? NY

Herniated disk on a no fault accident (hit and run)... No surgery only 6 months therapy.... How much insurance usually settle for? Or approximately how much they will offer?

Yours is not a legal question and it is not something that a bunch of strangers on the internet can even guess at.

If that answer isn't good enough, then go with 42.

 

[ecmst12]

Do you have any permanent functional limitations? NY has a serious injury threshold to meet before pain and suffering claims can be made. Are you claiming on your own uninsured motorist coverage or was the driver identified?

 

[Adam G]

What is the name of your state (only U.S. law)? NY

Herniated disk on a no fault accident (hit and run)... No surgery only 6 months therapy.... How much insurance usually settle for? Or approximately how much they will offer?

New York has some peculiar laws, as ECM said. I'm not sure how they work. Also, you'll have to prove that the accident caused the injury and you had no prior history of trouble in that area.

To take a stab at it, I'll say that they'll offer you $10-15k if you're handling it pro se, assuming you prove causation. With an attorney and a trial, it's still probably going to be under $100k. Operated discs are taken a lot more seriously by adjusters because there's actual medical bills to deal with and not just speculation as to how it will affect your life in the future.

 

[jack153]

The driver was identify and I am claiming it under his insurance... Prior to this accident I was involved in another hit and run(DUI) they settled with me for 50,000 for herniated disk. now the sec accident caused new herniated disk

 

[jack153]

Your respond is pretty accurate in regards to the amount..

 

[Hot Topic]

The driver was identify and I am claiming it under his insurance... Prior to this accident I was involved in another hit and run(DUI) they settled with me for 50,000 for herniated disk. now the sec accident caused new herniated disk

A good lawyer should be questioning the fact that you were involved in "another" hit and run and that the second accident caused a "new" herniated disc.

 

[Willlyjo]

A good lawyer should be questioning the fact that you were involved in "another" hit and run and that the second accident caused a "new" herniated disc.

Documentation of a new herniated disc linked to a new car accident shouldn't send any red flags of suspicion at all.

 

[ecmst12]

It's not that suspicious. There are many discs in your spine. The medical evidence should clearly show the spine's condition before and after the second accident.

 

[Proseguru]

It's not that suspicious. There are many discs in your spine. The medical evidence should clearly show the spine's condition before and after the second accident.

I agree .. any medical issue would be questioned in any event and the first one may actually provide evidence (MRI) that the newly effected disc was indeed in good shape after the first accident.

How much is the value of the injuries-from a jury trial? Its really venue specific ... NY is a big state, some parts conservative, some parts flaming liberal. If you sue and you can file in a liberal venue, I would.

Its good you have a guy to go after. Back issues are the worst ...

 

[BryanP]

It depends

Well, you'll probably have to prove that your injury wasn't caused by the first accident and only aggravated by the second hit and run. That wouldn't be very hard as medical record will probably clearly show the condition of your spine prior to the second accident. I can't give you an exact answer based just on the details you provided, but out on whim I would say you could get anything between 20k - 70k since a second spine injury even if it didn't required surgery could surely aggravate your general condition.

 

[ecmst12]

Way to make crap up. Liability is the same whether it's a new injury that was caused or a pre-existing injury that was aggravated. And I love how people can just pull numbers out of the air without even knowing the amount of medical bills or the degree of permanent functional limitation.

 

[Adam G]

Way to make crap up. Liability is the same whether it's a new injury that was caused or a pre-existing injury that was aggravated. And I love how people can just pull numbers out of the air without even knowing the amount of medical bills or the degree of permanent functional limitation.

Disc cases do vary widely. On the eve of trial I settled an unoperated disc in a plaintiff friendly jurisdiction for $155k in 2006. A few weeks ago I settled an operated two level herniation in a defendant friendly jurisdiction for $535k. That one was an anomaly though. She had complications during the two level fusion that lead to a spinal fluid leak and almost 4 weeks in a hospital bed ($200k in med bills, time off work, etc). Thankfully we were working with a $1m commercial policy.

All of that said, why not take a guess at dollars? Should we have just stopped the thread at zigner's epic response?