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I need a second opinion on my personal injury case. Almost 2…

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Hello:
I need a second opinion on my personal injury case. Almost 2 years ago I was hit by construction van while crossing the street in NYC. I suffered a concussion and various tears in my knee necessitating surgery to repair, my surgeon told me he could repair or replace the knee as I would need to replace eventually. I opted for repair as was only 54 at the time. After being sidelined by this injury and then surgery, I gained 20 lbs and my heart was weakened, I learned that I have LVH from sleep apnea that has returned with my weight gain. I suffer from recurring headaches and dizziness from the concussion. After much therapy my knee improved but it was never the same, after moving to the surburbs, and commuting back and forth to NYC my pain has increased and now my Doc thinks I have another tear. My attorney is competent and I trust him but he thinks it will hard to tie in the latest problem with the accident, I am waiting on the results of an mri to move forward with medical treatment. My lawyer says because I have arthritis in the knee, who doesn’t at 54? It’s hard to prove that all these problems relate to accident. Now I’m dealing with more surgery that hopefully my major medical will approve given that it’s related to car accident and heart problem. One offer of 40k was refused. We are moving forward. The advice of my attorney is that this case will settle for 275k max or 150k min. Is he correct? I’m afraid that I will be stuck with more medical bills that my insurance will not cover and I will be responsible. Thoughts? Thank you.
Submitted: 6 months ago.Category: Personal Injury Law
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Answered in 3 hours by:
12/23/2017
Personal Injury Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 125,796
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Quite honestly proving the LVH and sleep apnea is related to the accident will be extremely difficult, not impossible and it depends on how good your doctor is at explaining how those are directly related to the accident. As far as arthritis, they can determine whether it is post traumatic arthritis and it is again going to fall on the strength of your doctor's testimony as to how good of job they do linking it to your accident.

Generally in NYC, this type of case can range anywhere from about $100K to about $500K, but it depends on proving need for continued care and permanent injury to get the higher amounts. Without reviewing the records, it seems your attorney is in the correct ballpark based on your description of the events and situation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Category: Personal Injury Law
Satisfied Customers: 125,796
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