Legal Question in Personal Injury in Massachusetts
I fell & broke my leg @32 wks preg, had 5 hrs of surgery
I have obtained a lawyer and 4 years later they tell me that ''a broken leg is ''worth'' 20K. I would never have invested the time i have for this kind of $. They never mentioned it from the beginnning.
I fell and broke both my fibula & tibia. The bone could not be set manually and required a rod and screws to hold it together. I was 32 wks pregnant at the time. My baby is fine. Others have fallen both before & after me. My medical bills are in the 20K range, all covered by insurance.
My ? is this. The defendant has offered 15K. Should I take this and be done w/ it, or would a jury most likely volunteer more money? My medical bills are in the 20K range, all covered by insurance.
2 Answers from Attorneys
Re: I fell & broke my leg @32 wks preg, had 5 hrs of surgery
As you describe your case, your injuries and your
losses, the $20,000.00 settlement figure sounds low.
However, you provide only limited information on
the basis of the defendant's liability.
Factors such as your comparative negligence,
defenses that might be interposed, the age of
the case and any pre-judgment interest that you
would be entitled to if you won your case,
the cost of pursuing your case at trial (expert
fees, deposition costs, etc.) must be considered.
How aggressively has your attorney pursued this
claim? Has he or she filed suit yet? Accident
victims often can recover more money after suit
is filed.
In what court is your claim filed? Some counties have
higher average verdicts than others.
In summary, the decision whether you are receiving
an adequate settlement offer is complex and involves
more factors than you have included.
Sincerely,
J. Whitfield Larrabee
617-566-3670
Re: I fell & broke my leg @32 wks preg, had 5 hrs of surgery
No lawyer can second guess another attorney who is already representing an individual. It is up to you to determine whether or not you are satisfied with your lawyer. Remember, he has also invested time and effort in your case and probably will only be paid if you receive money damages. If you decide to terminate your relationship with your current attorney, read your fee agreement first. It may say that if you terminate the relationship, your current lawyer is entitled to the fair value of his services. This money would still come from any money damages you recover, but may make it difficult for you to hire another lawyer because your recovery, less what your first lawyer is entitled too may not be worth the risk of taking the case to the second lawyer.
No one can predict what a jury will do. Have a frank and assertive discussion with your current attorney or his boss. Bring a set of questions to ask so that you can be sure to raise all of your concerns.
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