Help with car accident upcoming mediation

[Stephw655]

Hi, last May 1, 2019, I was hit by a truck with no one in it. I was stopped at a stop light and was thrust forward but when I looked behind me, there was no one in the truck and the front door was open. A witness told me that a man tried to park his truck but forgot to put it in park (it was later discovered in discovery that he was trying to take a lawn mower that was on the side of the road). Anyway, it guess it was a low impact collision but my back hurt driving back to my office. (I was also on the job). I went to Urgent Care the following morning and then to the ER the day after that and the following Monday. I had back surgery in 2015 and it was successful and I didn't have much pain afterwards. However, after the accident my back pain returned with the pain going down my right leg. I was fired after I could no longer work and I tried to work a month later but could only work for 4 days before quitting due to the pain.

The driver has admitted fault and apologized at the time of the accident. I was finally able to have surgery last Wednesday (I had to deal with workers comp) and it went well but I'm in tremendous pain. Mediation is this coming Friday and he has $300,000 in policy limits. I know I had previous surgery and the Defendant's counsel hammered me on this in my deposition. I had no pain for several months before the accident. What are my odds that I get a decent settlement? I've been out of work for over a year, my husband had to be mother and father and I've missed a lot in this past year of pain and suffering. I don't want to get my hopes up too much. Thanks for any advice.

 

[justblue]

Hi, last May 1, 2019, I was hit by a truck with no one in it. I was stopped at a stop light and was thrust forward but when I looked behind me, there was no one in the truck and the front door was open. A witness told me that a man tried to park his truck but forgot to put it in park (it was later discovered in discovery that he was trying to take a lawn mower that was on the side of the road). Anyway, it guess it was a low impact collision but my back hurt driving back to my office. (I was also on the job). I went to Urgent Care the following morning and then to the ER the day after that and the following Monday. I had back surgery in 2015 and it was successful and I didn't have much pain afterwards. However, after the accident my back pain returned with the pain going down my right leg. I was fired after I could no longer work and I tried to work a month later but could only work for 4 days before quitting due to the pain.

The driver has admitted fault and apologized at the time of the accident. I was finally able to have surgery last Wednesday (I had to deal with workers comp) and it went well but I'm in tremendous pain. Mediation is this coming Friday and he has $300,000 in policy limits. I know I had previous surgery and the Defendant's counsel hammered me on this in my deposition. I had no pain for several months before the accident. What are my odds that I get a decent settlement? I've been out of work for over a year, my husband had to be mother and father and I've missed a lot in this past year of pain and suffering. I don't want to get my hopes up too much. Thanks for any advice.

What state?

 

[Stephw655]

What state?

North Carolina

 

[adjusterjack]

I know I had previous surgery and the Defendant's counsel hammered me on this in my deposition. I had no pain for several months before the accident. What are my odds that I get a decent settlement?

Slim to none without a lawyer. Do you have one?

Google "eggshell plaintiff." That's you. Your previous condition can be overcome but takes an experienced personal injury attorney. You won't know how to do it.

 

[Stephw655]

Slim to none without a lawyer. Do you have one?

Google "eggshell plaintiff." That's you. Your previous condition can be overcome but takes an experienced personal injury attorney. You won't know how to do it.

I have had an attorney for over a year. He helped me get a decent workers comp settlement. We've just been through so much this past year and the fact the plaintiff admitted it was his fault and that it was wreckless would help our case no matter if I had a prior back surgery or not. Especially since the surgery was in a different area of my spine.

 

[army judge]

I know I had previous surgery and the Defendant's counsel hammered me on this in my deposition.

One takes his/her victim as he/she is.

The eggshell plaintiff doctrine states that insofar as a tort is committed, and injury may reasonably be anticipated, the wrongdoer is liable for the proximate results of that injury, although the consequences are more serious than they would have been, had the injured person been in perfect health...."

The eggshell plaintiff doctrine makes the defendant responsible for all damages that the defendant caused even if the plaintiff was more susceptible to injury because of a preexisting condition, illness, or injury.

Putting it another way, the eggshell plaintiff doctrine requires that a defendant who proximately (legally) causes injury to another person is responsible for any new injuries, of course, but also for exacerbations or worsening of any pre-existing or prior health conditions that the victim suffers from prior to the time they were newly injured.

I suggest you retain a personal injury attorney BEFORE you participate in any further legal proceedings or discissions.

Good luck.

 

[Stephw655]

One takes his/her victim as he/she is.

The eggshell plaintiff doctrine states that insofar as a tort is committed, and injury may reasonably be anticipated, the wrongdoer is liable for the proximate results of that injury, although the consequences are more serious than they would have been, had the injured person been in perfect health...."

The eggshell plaintiff doctrine makes the defendant responsible for all damages that the defendant caused even if the plaintiff was more susceptible to injury because of a preexisting condition, illness, or injury.

Putting it another way, the eggshell plaintiff doctrine requires that a defendant who proximately (legally) causes injury to another person is responsible for any new injuries, of course, but also for exacerbations or worsening of any pre-existing or prior health conditions that the victim suffers from prior to the time they were newly injured.

I suggest you retain a personal injury attorney BEFORE you participate in any further legal proceedings or discissions.

Good luck.

Thank you for your reply. It gives me a little more hope. I have had a personal injury attorney for over a year now. I've been a legal assistant/paralegal for over 16 years now and I feel confident in my attorney and how he has handled everything so far. I'm just getting anxious because it is next week.

 

[army judge]

I'm just getting anxious because it is next week.

Mediation is usually best avoided.

However, that is a choice each person must make for herself/himself.

These type cases are USUALLY resolved for higher awards via a jury trial, especially if one's fact pattern is strong.

Mediation is NOT for everyone, but a plaintiff is always best served by working with an attorney he or she trusts.

As the old adage goes, too many cooks spoil the broth.

 

[zddoodah]

he has $300,000 in policy limits.

$300k per person? Or $100k per person and $300k per incident?

What are my odds that I get a decent settlement?

Unanswerable question is unanswerable. For starters, nothing says for certain that the case will settle. While most civil lawsuits end in settlement, not all do. Second, please define "decent" in a meaningful manner. Third, if you want odds, go to a race track or casino. Fourth, what did your lawyer say when you asked him/her this question?

So...what sort of meaningful answer do you suppose you can get to this question?

 

[Stephw655]

$300k per person? Or $100k per person and $300k per incident?

I believe that it is $300,000 per incident.

Unanswerable question is unanswerable. For starters, nothing says for certain that the case will settle. While most civil lawsuits end in settlement, not all do. Second, please define "decent" in a meaningful manner. Third, if you want odds, go to a race track or casino. Fourth, what did your lawyer say when you asked him/her this question?

So...what sort of meaningful answer do you suppose you can get to this question?

im sorry I was vague. I just had my surgery and am relying heavily on medication to get me through right now. My attorney said he is going to start at the Defendant's max, which would be $300,000 and then look to me getting $150,000. There was no explanation as to how he reached the $150,000, which is why I reached out here. I guess I just don't have enough information for an answer. Thanks for your time.

 

[army judge]

My attorney said he is going to start at the Defendant's max, which would be $300,000 and then look to me getting $150,000.

I could attempt to explain your attorney's statement, but you're better off asking your attorney to explain what was meant when she/he made the statement.

There was no explanation as to how he reached the $150,000, which is why I reached out here.

When you're baffled by the representations made by Person XYZ, your first response is to seek clarification from Person XYZ, not to ask Person 123.

 

[Stephw655]

I could attempt to explain your attorney's statement, but you're better off asking your attorney to explain what was meant when she/he made the statement.



When you're baffled by the representations made by Person XYZ, your first response is to seek clarification from Person XYZ, not to ask Person 123.

Got it, you've successfully made me feel like an idiot. Your job here is done. I just had a couple of questions over the weekend before our meeting our with our attorney today. I'll just wait a few hours until our meeting to see what he says.

 

[army judge]

Got it, you've successfully made me feel like an idiot. Your job here is done. I just had a couple of questions over the weekend before our meeting our with our attorney today. I'll just wait a few hours until our meeting to see what he says.

There is no reason for you to feel stupid.

You don't know me.

I don't know you.

A stranger is only able to negatively impact your psyche if you allow it.

Had you taken the advice you sought from strangers to your attorney, that might have created a troublesome scenario for you.

As it is, you are no worse for wear.

From this point forward, if you engage a professional, you can always terminate her services if she is not living up to your expectations.

If you believe the professional is serving you well, especially in legal matters, only seek (or take) advice from the person you've engaged.

 

[zddoodah]

im sorry I was vague. I just had my surgery and am relying heavily on medication to get me through right now. My attorney said he is going to start at the Defendant's max, which would be $300,000 and then look to me getting $150,000. There was no explanation as to how he reached the $150,000, which is why I reached out here. I guess I just don't have enough information for an answer. Thanks for your time.

Well...there are generally four components of damages in an auto accident case: (1) medical bills (both past and future); (2) lost earnings (both past and future); (3) property damage; and (4) "pain and suffering." I don't know what your medical bills have been or what they might be in the future (or whether you're fully recovered). It sounds like you might have some significant lost wages (both past and future). Property damage probably isn't a big issue (it's often handled separately). "Pain and suffering" is always nebulous, and some folks will tell you that you should get a multiple of your medical expenses.

Obviously, past medical expenses and lost earnings are easily quantified (as is property damage). Future meds and lost earnings might be more difficult. This is something that you need to sit down and discuss with your lawyer before the mediation. You also need to discuss the impact of your preexisting condition on a possible settlement. No one here will have any ability to analyze that for you.

Also, I'm going to emphasize again the issue of whether the defendant's coverage is $100k per person and $300k per incident or $300k per person. That's obviously a big distinction if the defendant doesn't have substantial assets/income in excess of insurance.

 

[army judge]

What are my odds that I get a decent settlement?

No one is clever or smart enough to do what the odds-makers in Vegas do regarding the outcome of any legal proceeding.

Statistics, however, indicate that litigants represented by an attorney in civil litigation receive at least double or treble what those who choose NOT to be represented by attorneys.