Visitor Question

Settlement for serious injuries including head trauma?

Submitted By: Trudi (Fredericksburg, VA)

I fell off of a truck onto the highway at work and broke my collarbone in 2 places (got a plate and 7 screws), collapsed lung, 5 broken ribs, and severe head trauma resulting in memory loss and headaches. I have a scar now and still have difficulty lifting heavy things and doing activities I used to do.

I’m a Police Officer now and I’m having difficulty with wearing my vest because of my collarbone. The insurance company wants to settle. What should I do or what should I ask for in a settlement? These injuries will likely be somewhat permanent. Thanks for any perspective you can provide.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Trudi,

From the facts you present, we will have to presume your injury occurred prior to you becoming a police officer. However, whether your injuries occurred while working for a previous employer, or while with the police department, your cause of action for compensation for your injuries will be determined through a worker’s compensation claim.

We can generally discuss some aspects of the Virginia Worker’s Compensation process. It appears you may have sustained a “Permanent Partial Disability” injury. As a result, your benefits would be determined under the Virginia Code Section 65.2-503.

Without knowing the degree of your disability, it’s difficult to suggest what your claim might be worth. We suggest you read Virginia’s Injured Workers Benefits Guide. This guide thoroughly sets out the various statutes and related benefits schedule.

Finally, you would be best served by visiting with several worker’s compensation attorneys. Most do not charge for initial office consultations. Bring along your medical records and bills.

After reviewing your medical bills and related documentation, and after speaking with you, the attorneys will be able to give you a more specific idea of the amount of compensation that’s appropriate, and the way in which the settlement will be paid out.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 13, 2016

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