If I suffered disc bulge, disc herniation and a tilted let knee cap because of an auto accident that occurred about a year ago, what kind of settlement should I ask for?

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If I suffered disc bulge, disc herniation and a tilted let knee cap because of an auto accident that occurred about a year ago, what kind of settlement should I ask for?

I want to know how much of a settlement amount I deserve since all the treatments are failed up until now; these spine and neck injuries can never be reversed. They can only get worse, not to mention the pain and suffering accompanied with it.

Asked on December 7, 2014 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is not possible to give you a precise figure for a potential settlement because your damages (the amount of compensation you are seeking) are determined by your medical bills, medical reports and wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports document the nature and extent of your injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to your medical bills.  The medical reports should also provide an estimate of the cost of future treatment discounted to present value.  Compensation for wage loss is straight reimbursement.

Ask for policy limits (the maximum amount of the at-fault driver's insurance coverage).  If that isn't sufficient or if you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.

If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.

If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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