Ask DamienAnswer: Your question can’t be answered because it lacks any context to know why you needed back surgery. And while it’s frustrating for me to see how little you understand about this process, your question will allow me to explain how complex a personal injury case really is.

Personal injury work is not a job, it’s a calling; because it requires the P.I. attorney to exhibit a labor of love over it; while another attorney with equal intelligence attempts to pour poison in your punch bowl. Unlike popular belief, it isn’t easy to do and there is no quick and easy path to valuing any personal injury case. The thing about PI work and what takes the most time is thinking of how to position the facts of your case and then obtaining support by way of evidence. Let’s see why by asking a few simple questions.

  1. Was the need for spine surgery caused by someone else?
  2. When you say back surgery are we talking about spine surgery?
  3. Was it multi level or a single level? What level? High, mid or the lower spine?
  4. Was hardware used to brace the area?
  5. What was the result?
  6. How long were you off of work?
  7. How much are the medical bills?
  8. How much were your lost wages?
  9. Do you have a reduced earning capacity? If so, how much and how did you calculate it?
  10. What is the basis for believing there is a reduced earning capacity?
  11. Did you suffer pain? If so how much, for how long and how did it affect your life?
  12. Are you under medical restrictions?
  13. What are those restrictions, did you follow them, are you following them and how do they affect both your activities of daily living and your employment?
  14. Did you get fired? Why?
  15. Were you at fault? If so, to what extent?

This is only a start.

My advice is hire a lawyer that regularly practices in this area because thinking about your question and how it  lacks any specificity, you do not understand the rudiments for valuing a P.I. claim. You obviously need the help of a lawyer. And like Damien looking into the barrel of this six-shooter if you continue to represent yourself, you're surely going to shoot your eye out.

Steve Lombardi
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Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
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