How much is an accident case worth for broken back, broken pelvis, and torn kidney and broken ribs? And how long does the case usually take?

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How much is an accident case worth for broken back, broken pelvis, and torn kidney and broken ribs? And how long does the case usually take?

He had a torn kidney,and a broken back, broken pelvis which he has screws and pins holding up now, its been 2yrs and he is still in and out of therapy. I would like to know how much longer the case should take and how much to expect for such an accident?

Asked on May 1, 2009 under Personal Injury, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Based on the facts presented you would really need to clarify some things.

First of all you ask how much longer the case should take. Obviously then a legal action or claim of some sort has been made.  Does this mean you already have counsel?  If not, are you dealing directly with an insurance company yourself?  Is there even an insurance company involved?

As for what the claim is worth clearly there is pain and suffering to be factored in but there can also be damages for loss of income, related out-of-pocket expenses, etc.  And these damages could be greatly increased for any number of reasons.  If, for example, the injured party is prohibited from going back to their occupation or they cannot perform at the same level.

Quite honestly without more specific information it's hard to give much more of a response.

If you have not already seen an lawyer it still may not be too late.  You can get help finding a personal injury attorney in your area at www.AttorneyPages.com.

Good luck.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no simple answer to what a case like this is worth.  Part of the answer depends on how much income the victim lost while out of work.  Another part of the value of a case is based on permanent injury. For example, the case is worth more if the victim will never be able to walk again at all, less if he will be able to walk but only with crutches or a cane, and less still if he will be able to walk on his own.

If the victim is still in treatment (therapy), the amount of permanent injury is probably still uncertain, and this itself can slow down resolving a case.  A good lawyer will not accept a settlement based on (for example) the victim being able to walk with a cane after therapy, when it is still very possible he will be in a wheelchair for life.

The value of injuries differs, often, from one place to another. If it is not clear that the victim was not partly at fault himself, this also affects both the value of the case, and how quickly it can be resolved.

There are a number of other things that can affect a case's value and how long it takes to finish.  If a settlement does not happen, you have to wait until it is "your turn" for a trial, and how long that takes can also differ from one place to another.  It also depends on how soon after the accident the lawsuit was filed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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