Expert: Doctor Settlement - 6/7/2006

Question
I was hit by a drunk driver that hit me and ran, I followed him and he was arrested and charged with hit and run/DUI/Failure to maintain lane, etc.  I do have a lawyer and I did hurt my cervical spine and lower back.  I had a nerve conduction test done that showed nerve damage.  My insurance is paying for these visits now but I am sure they will stop soon.  I am concerned about getting a fair settlement.  I am in paramedic school and an injury to my back or hands (they are numb) is a BIG problem.  Can you tell me what is "fair"

Jenn

Answer
Dear Jenn,

No, I have no idea what is "fair" given the little information you presented here.  There are a great many factors that influence the value of a personal injury claim.  

Let's start with geography.  Values differ from state to state, and within each state.  City values are often different than rural values on claims.

Next, the seriousness of the injury, and of course, whether or not the injury can be proven by objective evidence (that nerve conduction study), or whether the only proof is subjective (your statements that you feel pain).

In your case, you may have objective proof of injury to go along with your statements of numbness in your hands.  The latter is often a sign of traumatic injury in the cervical area, or even a thoracic outlet syndrome. (TOS is often produced by hyperextension neck injuries.)

Thus, unfortunately, you have a moderately serious soft tissue injury.  The extent to which that injury will interfere with your job and career can be a large element of damages, especially if you get a vocational rehabilitation specialist to report on the reasons why you may lose your career.  

Two more factors in your favor are:
(1) the social disapproval of the tortfeasor's actions, which in this case runs high inasmuch as we do not like drunk drivers.
(2) the favorable impression of the plaintiff, which in this case is good, partially because you do work that we all approve of (even if we never want to watch you do it!)

In summary, you have a serious injury, and your attorney should be the best source of information as to what those kinds of cases are worth.  

BUT, IF YOU REALLY WANT TO LOOK AROUND, figure out which library near you or on the internet has jury verdict research reports.  Those are books that show the most recent settlements, arbitration results, mediation results, and, of course, jury verdict results.

Although cases change a lot, with many factors different in each situation, you could get a ballpark idea of valuation.  

I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you locate the feedback form on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D.
http://www.SettlementCentral.Com