Legal Question in Personal Injury in California
this is a personnal injury question about 2 and 1/2 months ago i broke my leg pretty bad ive been working for construtcion contractor for about a year he payed me cash did not have workmans comp
i was hurt at a job site a customers home my injury consisted of severly fractured tibula just below my knee xray revealed fracture ct scan however showed it was much worse i actully fractured my leg or tibula just below my knee in 30! different places i ended up in emergency surguy out of that i recevied a steel plate from my knee area to mid tibula section doctor has expressed that this might be career altering injury and in some ways life december 24 will be 4 months post op then if doc feels i ready might start physical therepy im not seeing it sence this implant of sorts i can already see this is going to haunt me pain and walking doctor also said arthrittis will defenetly be an issue and i will require knee replacement in future my question is with above information what kind of case do i have and what are some estimated settelements for something of this nature any information provided would be most helpful and greatful thanks
8 Answers from Attorneys
Sorry youbroke your leg. This is actually a workers' compensation case against your employer, doesn't matter if he had workers' comp insurance or not. You may also have the right to sue the employer (if he didn't have comp insurance) and possibly the homeowner. Even if there was no comp insurance you could possibly collect from the homeowners' insurance, or from the State Uninsured Employer Benefits Trust Fund. Consult a workers' comp attorney.
You have a good case. Not a work comp case. Consult an attorney as soon as possible. I can assist you.
As was previosly stated, you have a claim against the employer regardless of whether work comp ins exists or not as Mr. Stone states. You did not state how your injury occurred but any separate negligence caused by the homeowner may bring in the homeowner's Iiability insurance too. I suggest you consult an attorney. I hope you make a "quick" and full recovery. Bob Worth (818) 222-2433
The value of your case, effectively, is whatever the limits are on the homeowner's policy, as well as any personal assets that can be obtained from your employer. Your injury is really that serious.
The tricky parts will be: 1) making a case against the homeowner for negligence; and 2) collecting against your employer's personal assets without bankrupting him. For this sort of thing, you need a skilled, experienced attorney assisting you.
We have had experience in cases very similar to yours. The consultation is free, and so is the call: (877) LION-FOR-LAW (546-6367) or email at [email protected]
You have a good case. However, to answer your question about the value is difficult without more facts and additional analysis. With the limited information you gave, I would say most definitely over $250K. Let me know if I can help. (323)782-0099.
As previously stated, depending on how the accident happened, you may have a claim against the homeowner or your employer even if workers comp insurance does not exist. As far as the value of your case, it is very difficult to give you an estimate of what it�s worth at this point, but I can tell you that it may be a substantial amount as we do not like to promise an amount, but we would like to talk to you in details. With the assistance of medical experts, we may be able to maximize your recovery if we can prove that this might be a career altering injury with permanent damage. Considering the seriousness of your injuries with the possibility of life affecting damage, I recommend that you contact our office as soon as possible for a free consultation as we have fought for previous clients with similar cases in the past and we vigorously fight for the money that you are entitled to and truly deserve. For maximum recovery we recommend that you contact us here at ThruLaw, P.C.
Feel free to call me directly if you have additional questions at 310-295-2056.
This response is for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel. For specific information or for a free initial consultation with an attorney, contact (855) THRU-LAW or visit www.ThruLaw.com.
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