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What is my spinal cord injury case worth? Is there a limit on how much money I can recover? Is there a limit on damages I can recover for “pain and suffering?”
Many factors go into the determination of what your case is worth. Accident-related back injury cases can be worth millions of dollars, depending on the seriousness of your injury and other damage factors.
Most insurers will pay for medical treatment, lost wages, permanent injuries and future medical expenses when you can properly prove your accident-related loss. The laws as to how much you can recover are very different from state to state. In some states, there is a limit to the damages you can recover. In others, there may be no limit on the total amount of damages you can recover in theory, but there is always an insurance policy limit – a limit to what the at-fault party’s insurance company has to pay on behalf of their insured driver. While you might be able to get a verdict at trial that goes beyond the policy limit, usually it is very difficult to collect from the individual who caused your injury. If you have underinsured motorist coverage through your own insurance company, that coverage will generally kick in to pay you for a judgment that goes beyond the at-fault party’s policy limits. It is also possible to settle your underinsured motorist claim with your own insurance company if you reach a settlement with the at-fault insurer that is at or very close to the policy limits.
When the at-fault party’s insurance, the at-fault driver’s personal resources and your underinsured policy run out and you are still not compensated for the value of your claim, there may be other policies, such as an “umbrella policy” related to homeowners insurance, that could help you out. At some point, however, it is possible to remain unpaid for the full value of your claim.
Also, many states have imposed limits on the ability of injured people to recover for “pain and suffering.” Pain and suffering means not only the fact that you are physically hurting, but also the mental distress of going through potential surgery or of being unable to participate in activities that you used to do before the accident.
It is important to discuss all aspects of your case with an experienced attorney in your state so that you can have a good idea of what to expect and where all the possible sources of money damages are. |
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