What is my bodily injury claim worth?

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What is my bodily injury claim worth?

I have 20 K in medical bills. Went to physical therapy for 6 months for wrist, elbow, upper back and neck injuries. I could not work for 1 year, 30 K lost.My medical insurance has reached it’s limits. I have lingering damage to my C 4,5,6 vertebrae causing intermittent tingling to my right arm. Surgery recommended.Other driver cited and 100% at fault. His BI limits 100 K. His carrier will only offer 4.5 K total. Refuses to budge.

Asked on February 22, 2013 under Personal Injury, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

You need a good lawyer who is willing to prosecute your case to trial if necessary.  You have serious injuries that, if proven, deserve significant compensation.  With the right facts and a fair jury, your damages could exceed the $100,000 limits.

It looks to me like your situation is an easy choice -- decline the offer, get a lawyer, and prosecute the claim.  "Low-balling" injured people is the order of the day these days - at least in Florida.  You have no choice but to fight it and trust the jury system. 

I suggest you choose a lawyer or law firm that regularly goes to court and tries cases.  Ask them the last time they were in court and what the results were.  That answer alone should not guide your choice but it is important information to know.  Insurance companies factor in the willingness of the lawyer to take a case to trial. 

Some insurance companies these days force every case to trial because they know juries are prejudiced against injured people (did you catch that - I said juries are prejudiced against you and I said it intentionally.  Regular people, which is who sits on juries, have been buried in press and propaganda that injured people are faking and trying to cheat the system.  They believe it.  If the insurance company can show that you cheated about anything, no matter how insiginificant, it will hurt you very badly.  If your claims are entirely legitimate and you have been entirely honest, you have a chance to overcome this bias and obtain fair compensation with a good lawyer.).  Insurance companies know they will win more cases than they lose, so they are willing to "roll the dice."  After all, they have plenty of money to drag things out and take a chance.

I hope this helps you decide what to do.  Good luck.


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