Every case is different and depends on its own facts, so the amount of compensation YOU receive is dependent on the specific facts of YOUR case. The primary considerations are:
(1) The extent of your injuries and your long term prognosis, including whether you will require future medical treatment or care. This is primarily determined by your doctors and other experts.
(2) How your injuries from the accident have effected your income and whether they will continue to effect your earnings in the future.
(3) How your injuries from the accident have effected your daily activities and whether they will continue to effect you in the future.
(4) Whether or not it is clear that the other person or business was at fault in causing the accident and whether there are any aggravating circumstances like a driver being drunk (drunk driver) or on a cell phone.
(5) How much insurance coverage the other driver has and how much insurance coverage you have.
Having said that, we have recovered many millions of dollars for our clients over the last 20 years. Here are a few examples:
We represented a painter whose foot was partially amputated when a bolt on a trailer-hitch broke, causing the trailer to fall and crush his foot. He was was obviously permanently disfigured, he was no longer able to climb a ladder for his job and had to find new work, and his day to day activities were affected because of his decreased balance. We were able to recover a significant settlement for our client in this defective product case that compensated for his loss of earnings, disfigurement, impact on his life and his medical bills.
We represented a young man who sustained a back injury in a rear end accident. He was still able to do his job, but had significant pain and headaches every day. He was able to find relief with a procedure called a neurotomy, which is a burning of nerves in his spine. The procedure was effective for him, but very expensive. It was also not a permanent solution because the nerves regenerate over time, so the procedure has to be repeated. Unfortunately, we could not settle his case because the insurance company would not recognize the validity of the neurotomy procedure. Fortunately, a jury did recognize the benefit of the procedure and awarded more than $300,000.00 so that our client could get the procedure repeated as needed in the future.
We represented a woman who sustained a brain injury when she was driving on a highway and the truck ahead of her made a turn with a long narrow pole sticking out of its back end. When the truck made its turn, the pole stuck out into the highway. The pole was not marked and was difficult to see. Because it was a highway, our client ran into the pole going at highway speeds. The pole went through her front windshield and hit her in the head. She ultimately made a pretty good recovery and was able to return to work, but was left with some permanent brain damage that will continue to affect her for the rest of her life. Fortunately, we were able to recover a significant settlement for our client so that she will be able to retire early if she has to.
We have represented many children who have been injured in car accidents, on people’s property, or because of dog bites. In those cases, there are two claims: one for the parents’ obligation to pay the medical bills, and one for the child’s injury, scar, etc. We have settled many cases for children so that the children receive future payments that help with college or buying a car or house when they get older.
We represented a woman who suffered a broken ankle when she fell down the stairs at her elderly father’s house. She had gone upstairs to get his laundry so she could wash it. While she was upstairs, the father set some magazines on one of the lower stairs. As she was coming down the stairs carrying the laundry, she did not see the magazines – so she stepped on them, slipped, and broke her ankle – requiring surgery. She was a registered nurse and missed about two months of work, in addition to the cost of the surgery. Unfortunately, the insurance company wouldn’t offer any settlement because they didn’t think a jury would ever award money to a daughter against her own elderly father. However, when we went to trial, our client’s siblings testified for her and the jury understood that the compensation was not going to come directly from the father but instead from his homeowner’s insurance. They found our client partially at fault for not seeing the magazines and reduced the award because of that, but our client still received an award of approximately $45,000.00, which paid for her medical bills and time off from work, plus some additional compensation for the surgical scar and pain suffered in the experience.
We represented the family of a 16 year-old girl who was killed while trying to cross Highway 10 in Anoka. The girl was not in a cross walk and was crossing in the middle of the highway. The accident occurred at about 6:30 in the morning – so it was dark outside – and it was sleeting, making visibility difficult. Fortunately, we were still able to make a wrongful death settlement recovery for the family because we found out through our investigation that the one of the driver’s headlights was broken, the driver was driving slow enough just before the crash that she should have seen the 16 year-old girl, and there was some evidence that the driver may have been on her cell phone or otherwise distracted in the car.
If you would like to discuss the specific facts of your case, you are welcome to call us for a free consultation. We are Minnesota personal injury lawyers and our attorneys have more than 24 years of experience handling hundreds of accident injury cases. We will meet with you at our office or a lawyer will come to your home.