Well, Debbie Smith, what you are facing is a dilemma. You have a legal issue and you have a medical issue. They are completely separate, and you cannot link one to the other. Under Michigan law (if you are in another state, this may not apply) the apartment complex owes a duty to you, the tenant, both by the lease and by a state statute, to provide REASONABLY SAFE COMMON AREAS. The walkways, etc. do NOT have to be perfect; they only have to be reasonably safe. You, on the other hand, must be aware of your surroundings, and act for your own safety. So, they may be at fault for not making the walkway reasonably safe, but if the jury finds that you were at fault, the amount of your recovery will be reduced by the percentage of your fault. In Michigan, if you are more than 50% at fault, you cannot recover anything for your pain and suffering. A jury is not allowed to speculate on what may or may not happen to you in the future. So your case is worth whatever you can prove at this time are your foreseeable damages. If a doctor will put in writing that you definitely are going to require a medical procedure at a specific time in the future, then the present value of the procedure becomes part of the value of the case NOW. In other words, it is quite possible that you could lose and get nothing, or merely some help in paying off some of your medical bills. On the other hand, it is quite possible that you could hit the jackpot and get all of your out of pocket expenses paid, all of your medical bills reimbursed, your lost wages, prescriptions and etc., and in addition, recover for your pain and suffering. My advice is to avoid gambling. Part of something is better than all of nothing.
Answered on Sep 25th, 2013 at 1:33 PM