Quick question... I had a slip and fall accident in Florida. My past medical bills are in excess of $140,000, and my future medical bills are in excess of $709,000. There are 4 Defendants. 1 defendant has a policy limit of $200,000, 2nd defendant has a policy limit of 1 million dollars. The third defendant has a 2 million dollar policy limit, and the 4th defendant has a policy limit of 1 million dollars. Between the 4 Defendants their policy limits total 4.2 million dollars. How would you calculate my pain and suffering, and what dollar amount would be fair compensation to me out of the 4 2 million dollar of policy limits? Thanks in advance ☺️
Thank you for the question! There are so many variables that come into play when calculating a pain and suffering award. With this much money at stake, we think it would be in your best interest to hire a lawyer that is admitted to practice in Florida. However, you can get a general overview of things to consider when calculating a pain and suffering award in this video: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-yjkG4N8tE8I.html The degree of your disability, length and degree of suffering, location where your case would be tried (conservative v. progressive venue), skill/reputation of your lawyer, % of fault of each defendant, effect on your day to day life, and many other things all play a role. We wish you the best of luck with your case!
Not sure about other states but in Georgia, the Court should send the Defendant copies of any Orders it issues. You could send one to the defendants as well if you want to be sure they receive it. If you have filed a Motion for Default, you should provide a copy of your motion to the defendants at the time it is filed. After a default judgment has been entered, the Court will usually schedule the case for a trial on the amount of damages to award.
Great question! They can request anything but whether they are entitled to the information is a different story. If the records pertain to the body part injured in your current case, then yes (they are probably looking for any pre-existing conditions or injuries). If your case is about an injured neck and they want cardiology records, you probably have good grounds to object because the cardiology records aren't likely to lead to the discovery of admissible evidence related to the neck.
You can certainly ask the defending lawyer to narrow his request to medical records that pertain to the body part that was injured in the incident involved in your case. If he/she refuses, most jurisdictions allow you to file a motion for protective order in which you can ask the Judge to limit the scope of the defending lawyer's request. A flat refusal to answer a discovery request is usually a bad idea. Proper objections and/or motion need to be made. Its probably best to hire an experienced personal injury lawyer that practices in your state to handle a situation like this.
Great question. Prior medical records are usually necessary to prove your injury, or injuries are new. Therefore, prior medical records will show that treatment for the injuries you're claiming began after the "date of loss" (after the date you were injured).
What if the person already had a pane and did not go to the doctor since it wasn't worst and want to take advantage from the accident which did not have a big impact to get much money?
Thank you for the question. Medical bills are just one variable in determining overall case worth. Other factors like, liability, future damages, lost wages, venue, amount of available insurance, whether there are pre-existing injuries, and potential evidence issues all play a role in deciding what is a fair settlement value. There are several videos addressing case value in our 52 Weeks of Personal Injuries Playlist on this channel that you might find helpful. You can find those videos at this link: ru-vid.com/group/PLA2TVSiN-_kRKQwtSoR4NOZFHLsTCDNsC
Hi sir! I had an accident which I’ve been diagnosed of spine fracture. Because I couldn’t move nor do anything, I gave an attorney the power to work it out on my behalf. My judgment is in and my Lawer is asking me not to go for the check so they will call him. He is also not telling me the truth of the actual amount the insurance company is rewarding. I want to know if I can go to the insurance company myself and found out or still wait on my lawyer? The case is actually in execution stage so can I do the enquiries about the actual amount at the insurance company. My lawyer is asking me not to go there. Is it that he(my attorney) is after something and a red flag too?
It sounds like you should schedule a face to face meeting with your lawyer so you can talk these issues. He may have a good reason for his strategy. Effective communication communication in the attorney client relationship is very important.
I have great records and notes showing my doctor told me one diagnosis, and billed for something else that was very wrong, and later proven so, leaving me in pain and untreated. She also went against multiple AMA guidelines; I’m stating this when sending my contact info to attorneys, but still not getting replies, what might I be doing wrong? I’m almost halfway to the filing deadline (August will be year 2 / 4 possible years), I need to hustle, this has ruined my life. • former insurance specialist myself! • ~Thanks! ❤️💛💙
Thank you for the comment. We understand that the process of finding a medical malpractice lawyer to accept a case can be very frustrating. There are many reasons for this but it usually comes down to how bad the damages are vs. the amount of time and resources the lawyer will need to spend vs. the chances of a successful recovery. Also, laws governing med mal cases differ greatly from state to state. Some states have laws making it exceedingly difficult to bring a successful claim against a medical professional. In states that have passed so called "tort reform" laws to insulate doctors from liability, it can be even tougher to find a lawyer who will accept the case. We addressed some of these issues in a recent video you can find at this link: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-1QReqXr1LvE.html Good luck in your search.
"Certified" just means that the hospital certifies in writing that the records are a true and accurate copy of the patient's records. In many states, including Georgia, records must be certified in order to be admitted as evidence at trial.
