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Thread: lawsuit question

  1. #1
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    lawsuit question

    my injury was less than 2 years ago and my lawyers are taking action soon. My accident was when I was on my motorcycle and passing a dump truck on a single lane highway. I was doing the speed limit while passing him and I passed in a passing lane, the truck had made a sharp left hand turn in front of me and I hit head first. He had no working signal or brake lights and it was confirmed by the cops at the scene and he was charged.

    I am a 30y/o male, complete T3 with massive syrinx from C4 to T10 so that plays a huge part into it. I live in Canada so we have limits to what amount we can sue for which sucks. I damn near fell off my chair and broke my neck when I found this article for 23.5million. - http://www.aboutlawsuits.com/truck-a...d-injury-1935/

    Whats a realistic settlement for someone like me, what kind of settlements have other people got from on here if you don't mind me asking. My lawyers are great and have a good name and deal with big case's but they deal more in the defense side. We are just starting with my assesments and Dr. reviews but they have told me anywhere from 1mill to 6.5. Thats a huge gap and I'm getting frustrated with them right now..

    any numbers out there?
    Mark 9:23 - All things are possible for those who believe.

  2. #2
    Was the dump truck run by the city/state/etc government? Private owned, or big business owned? From what I remember with my lawsuit and accident it makes a big difference. For example you can only sue the city for a small amount, the state for a larger amount, etc. You should ask your attorney a bunch of questions for what is going on. Maybe get a second opinion too.
    Andrew

  3. #3
    I think most have gotten a lot less than what you are expecting..some even nothing.
    Life is like a box of chocolates, you never know what you're gonna get.

  4. #4
    Hi "Dewie,"
    There has been a lot written about the initial costs of treatment and care for a person with a spinal cord injury and costs in subsequent years. There are additional cost factors like changes to a residence to make it accessible, type of personal caregivers needed, and costs of wheelchair accessible transportation, i.e., a wheelchair accessible van replaced every 6-8 years. You might also want to consider loss of earnings and costs of retraining. If you do an internet search on "lifetime cost of spinal cord injury," you should find a number of articles to help you determine your needs. Here are a few to get you started:

    http://www.christopherreeve.org/site...ord_Injury.htm

    http://www.spinalcord.uab.edu/show.asp?durki=116979

    unitedspinal.org/pdf/scd%20fact%20sheet.pdf

    All the best,
    GJ

  5. #5
    Senior Member lynnifer's Avatar
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    A friend of mine is Canadian and quadriplegic as of 23yrs ago.

    She ended up with an annuity that allows for inflation for the rest of her life ... if she were to die before a certain age, an amount would be left to her next of kin .. she had lump sum payments to allow for a brand new vehicle every 10yrs and initial home modifications. It took her 8yrs to get it all settled in a hit and run accident where she was the victim.

    I could ask her for some advice or connect you two if you'd like? We're in Ontario.

    Otherwise I don't have any experience in this area.
    Roses are red. Tacos are enjoyable. Don't blame immigrants, because you're unemployable.

    T-11 Flaccid Paraplegic due to TM July 1985 @ age 12

  6. #6
    Paralyzed in surgery, sued, and didn't receive one penny. C'est la vie!


  7. #7
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    yeah that must suck Le Type, I know the doctors can always find some excuss on why they fucked up. Sorry to hear about that. I'm sure my surgon caused my syrinx but there is no way i could prove it.

    It's was a private truck company but a mechanic with another company was driving it. So with his private insurance there is 3 insurance companies involded. I had disability insurance on my mortgage so we all ready built a wheelchair accessable house and bought a van so they may hold that agaisnt me, I don't know.

    I know I'm lucky to have someone to blame for my accident so I don't want to make it sound like I'm bitching about 1 million but I'm just wondering about others settlements.
    Mark 9:23 - All things are possible for those who believe.

  8. #8
    If your attorneys are so expert, then they should be getting a "life care plan" report done by a reputable rehabilitation professional (usually a physiatrist, rehab nurse, PT, etc.). This should detail all the expected and common costs related to your injury for the rest of your life...everything from meds/supplies/equipment to tests, therapy, vans, surgical procedures, etc. etc. This should then go to an economist/CPA for calculation of life expectancy/actuarial accounting estimates of total costs for your lifetime. Without this, you are guess, and totally without a strong foundation for making any specific claim. Don't sign anything without this type of study being done. The other side will probably already have theirs done.

    (KLD)

  9. #9
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    I've always wanted to ask about this before my son settles his case which has be going on for 3 years but never saw it addressed before. He,got in the car with a drunk driver who only had $25,000 liability. The barowner is liabel for $5000 insurance that they had. And our insurance for underinsured mortorist is $35,000. There is nowhere for any more money to come from, unless he wanted to take the house of the bar owner which he doesn't.

    So he will have to sign this soon. It comes down to the settlement being $25,000 + $35,000 + $5,000. The lawyer will get 1/3 of the settlement and the rest will go to pay back any expenses that medicare has paid, even though he had private insurance at the time of the accident and still does, but it is in conjunction with Medicare. Medicare began 2 years after the accident.

    In essense, he will get absolutely nothing in monetary compensation. So I guess he will sign. The driver of the car has no possessions except another older car. What do you think?

  10. #10
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    Life care plan or no... my understanding is that somebody has to have some money for a suit to pay compensation.

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