Legal Question in Personal Injury in Oregon

Car accident Back surgery

I had a car accident that was not my

fault and it resulted in 8 months of

therapy and eventually back surgery for

a bulging disc (I was unable to walk

before the surgery). I've been out of

work for 3 months because of the

recovery from surgery. I am going to

settle soon. How much should I expect

my lawyer to get for me?


Asked on 1/30/07, 4:20 pm

3 Answers from Attorneys

Daniel Meek Daniel W. Meek

Re: Car accident Back surgery

It depends on many factors. The most important thing is that you indeed do hire an experienced personal injury attorney. Otherwise, you will get far less than you deserve. It sounds as if perhaps you have not actually retained an attorney. That would be a mistake.

I do not handle such cases, but you could call the Kafoury firm at 320 SW Stark Street, downtown Portland

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Answered on 1/30/07, 7:50 pm
Sam Hochberg Sam Hochberg & Associates

Re: Car accident Back surgery

Your question is one of the MOST frequently-asked questions that I think any personal injury lawyer gets; namely, "What's my case WORTH?"

The short answer is that it does indeed depend on a number of factors, but that begs the question. From what you wrote, it sounds like you HAVE a lawyer -- you're asking how much to expect your lawyer will get for you. You probably wouldn't ask that if your lawyer had discussed it with you in any detail. IF the lawyer has not, AND if the case is ready to try to settle, THEN you and your lawyer should have a phone or in-person conference on your question. The real question, then, is WHEN will your case be appropriately RIPE for your lawyer to discuss this with some intellingence?

In our firm, as with probably most personal injury lawyers, you generally can't tell where you're going, moneywise, until after the client is MEDICALLY STATIONARY. That's when the lawyer or the lawyer's staff begins to assemble all your medical records, medical bills, wage loss and other expenses, and conducts a REAL WORLD evaluation.

By "real world," I don't mean to imply LOW evaluations, although sometimes people who'd thought their case meant their ship came in are dissappointed by a real world evaluation. On the other hand, I've also had clients with serious injuries, who had substantially UNDERestimated the value of their claims. Those are the folks I'm glad reached me before they talked to any insurance adjuster.

At least at my firm, once a personal injury client is medically stable, we then start writing for all records and bills, and then conduct an evaluation, based on my own 23-plus years practicing law, and the experience of our very valued attorney associates and staff. Only then is it fair to the client to start talking about value. Before that, USUALLY, it's premature.

As with most email notes, especially on the internet to people who are all in different situations, you should not rely on this info as legal advice. What you SHOULD DO, however, is to ask your own attorney your question, as to how MUCH to expect, at least in a range of values; and secondly, MY question, of WHEN your lawyer will be prepared to discuss that with you.

Good luck!

Sam

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Answered on 1/31/07, 6:35 am
Matthew Kaplan Kaplan Law, LLC

Re: Car accident Back surgery

Unfortunately there are other factors that are needed before an attorney can evaluate your case. I recommend hiring a qualified attorney to help in resolving your case.

Good Health,

MDK

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Answered on 1/30/07, 4:26 pm


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