I was rear ended by a city work truck while sitting at a red light. They were at fault and not denying claim. I have three herniated disk in my neck and a sprained back. I just completed 3 months of theraphy. I have limited movement to the right when moving my neck which will sooner or later need spinal fusion therapy which I am declining at this time. The city has a $100,000 cap on lawsuits. Do I have a good chance to recover this amount? Also the car involved was a brand new 2010 ford fusion with 5,000 on it at the time. Damage was $5,500.
4 Answers from Attorneys
You should have had an attorney right from the beginning, but it's not too late. You need a personal injury attorney, familiar with auto-law. You also need to have a full medical evaluation to determine your limitations and your chances for a full recovery. Your medical care, loss of property, loss of income, other intangible losses, and pain and suffering should all be considered part of your damages.
If you do not have a local personal injury lawyer, then get one! Studies have shown time after time how hiring an attorney results in a larger settlement, even after attorney fees are taken into account.
As far as your case, I would need more information. Have you had any prior accidents before? Can you prove that the herniations are a result of this accident? If so, it sounds like you have a good case and a good chance of recovering money for your pain and suffering.
There may be ways to get around the cap. Retain knowledgeable counsel.
Cities many times do not have a limitation on the cap as opposed to County and State claims. You need to see a lawyer.
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