3. Damage factors used to analyze disc back injury settlement amount
This is part 3 of a five part series on how to evaluate your disc back injury for settlement. Parts l and ll covered the anatomy and the legal damages that can be recovered. This piece looks into the factors that drive or impair the settlement value.
The more serious the injury the higher the settlement value. The first two things to look at are the past medical expense and the past lost wage. Then you want to add in the future lost wage and the future medical expense. Is this an injury that has knocked a person out of employment totally or has the injury caused the person to not be able to work at a good paying job and caused them to take a job with lesser pay. These numbers often need to be crunched by a vocational expert and an economist.
Did the injury manifest itself right away. This makes it easier to prove that it was caused by the event . And just as important are your doctors willing to state with confidence that your injury was caused by the event in question. Do you have permanent impairments (restrictions) that affect or preclude your employment.
Are you taking significant pain medication and is there objective evidence that your in fact have an injury vs just your own statements of pain that no one can explain.
Is the objective evidence strong in terms of x-rays , cat scans and mri's or do they show what many term a degenerative process such as a bulge as distinguished from a herniation.
Have you had previous back problems.
Are you whing about your injury or are you doing your best to fight its effects.
Are you perceived as likeable or are you percieved as an angry person tring to get everything they can out of the injury in terms of money.
Have you followed your doctor's advice or neglected to do so.
How serious was the car damage. little or no damage and preexisting injury is not worth as much as a case where there was a significant crash, and no prior problems.
What is the life expectancy of the person injured. Do they have to live a long time with pain and limitations.
What activities have been taken away or made more difficult because of your injuries.
Do the doctor's agree that there is an objective basis for the pain you are claiming.
Have you undergone one surgery or even more. What kingd of surgery was it a diskectomy, laminectomy , fusion. in other words was the surgey more severe and was the recovery short or long.
Do you have an experienced personal injury lawyer that knows how to present your case , gather the evidence and if need be file a law suit and finance the lititgation. Have they been known to try cases if the offer is low.
Where is the location of the place where your case will be tried if necessary. Certain areas can have higher or lower verdicts.
These factors come down to 1. the collision, 2. the early manifestation of injury, 3. what tests support your injuurt, 4. how strong your doctors are in supporting you, 5. how you have comported yourself and are your actions consistent with a serious injury and 6. have you hired an experienced personal injury trial lawyer.
Certainly this list is not exhaustive but it covers the main points in evaluating your disc back injury settlement value. For another view here is a link to an article attorney Todd Peterson of Oregon wrote on car accident back injury
For a free no obligation case audit about your car accident disc back injury I welcome your call at 1-800-447-6549.