QUESTION

How much can I reasonably ask for?

Asked on Oct 16th, 2012 on Personal Injury - Florida
More details to this question:
I'm researching this for my sister-in-law who cleans offices and homes as a 2nd income. She was cleaning doctor's office. Took trash out and slipped and fell. She broke knee cap into and had surgery. Insurance company has paid some medical so far and said they will pay remainder once she settles w/them. Her total lost wages for permanent jobs is $8,700. She has lost all 3 of her cleaning jobs which total $650 monthly. Has trouble getting into tub, using stairs, etc. Doctor can't say now whether she'll have permanent trouble. It was after hours when she fell and she had to drag herself up to the office to call for help. The doctor's office said the doctor and the nurse had both slipped on the same place before but the owner said it was their responsibility to fix it. According to contract it's owner's responsibility. She since has learned that others in the bldg. have had problems slipping on this area and have reported it but it has never been fixed. Since her fall, they have done some work but it is still not fixed completely - water is running to it and causing a slippery surface. I don't know if this is in violation of any bldg. codes. I calculated her lost wages for time off at $8,700. Future earnings @ $650 monthly (cleaning jobs) - but not sure how long to approximate this at. She is 52 yo. Not sure what to ask for future medical. Not to mention pain & suffering from having to drag herself for help and future loss of capabilities and on-going pain. Any idea what she should try to settle for. They have offered $20,000 but have said numerous times they are negotiable and seem very adamant about wanting to settle and telling her not to waste her money on an attorney. I calculated $8,700 lost wages + future lost wages of $93,600 (I got this from multiplying 144 months to retirement x monthly lost income. Not sure we can ask for all that...what is your opinion on that and on pain and suffering and loss of future movement/capabilities.
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15 ANSWERS

Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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That would be $225,000.
Answered on Jun 26th, 2013 at 11:44 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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I cannot answer the question as to how much your sister-in-law's case is worth without a lot more information. Each case is different and its value is based on its particular facts.
Answered on Oct 23rd, 2012 at 4:37 PM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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She must see an experienced personal injury attorney. The case may be worth far more than $20,000.00.
Answered on Oct 23rd, 2012 at 4:36 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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It's really not possible to give your friend reliable advice without knowing all the facts and conducting a thorough review, and it would be a disservice to her to try. She should get a lawyer. Overall, people with lawyers get more money in their pockets, even after paying their lawyers, than people who settle without legal representation. The insurance company's goal is to get rid of her before she wises up and hires a lawyer, because it's cheaper that way. Negotiating with the insurance company without a lawyer doesn't help her; it helps them.
Answered on Oct 18th, 2012 at 2:12 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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First, it is probably premature to try to settle until she is released from her doctor's care and the doctor is able to say whether or not it's permanent. If she has been release and still has problems, it seems to me that it is permanent. Your method of calculating future lost wages seems reasonable, but the figure must be reduced to present value. It is reasonable to ask for it only if the doctor says her problems are permanent and you can show that her injury will cause the lost income. It might require the services of a vocational expert (but not in the early stages of negotiation, only to get it ready for trial). There are websites that have present value calculators, you should assume a conservative discount rate, such as 5% to 7%. If you do not understand present value of a future stream of income, this may be over your head. Pain and suffering is difficult to price, and may be the most valuable component of her claim. You have not given enough information for me to comment on it. For example, you mention her pain and future loss of mobility, but you do not describe the severity of her pain, nor do you describe what mobility problems she will have, and especially, how all of this will affect hr activities. I disagree with the insurance company?s advice to ?not waste your money on an attorney?. Ultimately, your case is worth what you can convince the adjuster that a jury would award, or what a jury actually does award if you take the case to trial. it is difficult to get reasonable offers for future lost wages and pain and suffering if there is no threat that you will go to trial. I would suggest finding an attorney who is willing to take a percentage of any settlement obtained over the $20,000.00 already offered. The fee structure might call for a higher than 1/3 for the second 20,000 (that is any settlement up to 40,000) because the attorney runs the risk of doing substantial work only to find that 25,000 is reasonable for some reason (the client would of course have to agree with this assessment) and there is some value in this analysis that the 20,000 is substantially fair, but it should not be worth 1/3 of 20,000. It may be worth ? of 5,000, however. For anything over 40,000, the fee could go back to the usual 1/3 (I offer fees less than 1/3 depending on the stage of proceedings where the case settles). These are suggestions, and there are all sorts of ways to structure the deal. However, believe me when I tell you, these cases are complex, and making pain and suffering arguments is a high level legal skill (I still read tons of books and go too seminars to learn better techniques for this, and I've done this for over 20 years).
Answered on Oct 18th, 2012 at 11:20 AM

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William C. Gosnell
No lost wages for primary job under workmanship comp. no pain and suffering. Finish treatment they pay her doctor bill. Seek permanent disability rating.
Answered on Oct 18th, 2012 at 6:04 AM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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You really need to retain counsel to evaluate the case. No one can give you a realistic estimate without meeting your sister-in-law, reviewing all the records, etc.
Answered on Oct 17th, 2012 at 2:55 PM

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Thomas Edward Gates
You need to hire an attorney. Without one, you will not receive a damage award that this case warrants.
Answered on Oct 16th, 2012 at 4:15 PM

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You have lost wages; pain and suffering; legal costs; emotional distress all because of their negligence.
Answered on Oct 16th, 2012 at 4:14 PM

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Ronald A. Steinberg
There appears to be no question but that the landlord is at fault for the defective condition. However, that doctor (and possibly his employees) have a different relationship with the landlord, because of the lease between the doctor and the landlord. Your sister is an independent contractor, and so for her to be able to prove that she is entitled to any recovery, she needs to prove 1) that the landlord had actual notice of the defect, 2) that there was enough time between learning of the defect and your sister's injury that the landlord could have fixed the problem, and 3) that your sister could not see the defect on her own, or that if she could see it that there was no reasonable alternative path. Your sister, not being a party to the lease with the doctor, has the possibility of getting thrown out of court if the defect was visible. As a result, at the very best, her case is a 50/50 case. I do not think that you should handle this; I think that an experienced lawyer should, because not knowing the actual law, you are likely to make a horrible mistake.
Answered on Oct 16th, 2012 at 4:13 PM

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It is imperative that your sister retain a personal injury attorney immediately. Doing so will greatly increase the value of her case. Don't listen to the defendant's insurance company.
Answered on Oct 16th, 2012 at 4:12 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I cannot stress enough that your sister needs a lawyer and should have gotten one well before this. If you have not advised her to get a lawyer you have done her a grave disservice. Now you go on line and try to get free advice. Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidenciary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. Then there is the whole question of negotiation tactics. When I formulate a settlement demand, I spend hours analyzing the factors listed above, and hours more drafting up a demand presentation and any lawyer who doesn't do that isn't doing a proper job. And now you, without a legal education, want to advise your sister based on a paragraph posted on a website. Think, man: why does the insurance company want your sister to not have an attorney? Do you seriously believe they are concerned about her "wasting her money"? The best thing you can do for her is to help her find a knowledgeable lawyer in her locality ASAP and you owe her a big fat apology for getting involved in her problem when you have no idea what you are doing.
Answered on Oct 16th, 2012 at 4:12 PM

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Personal Injury Attorney serving Boston, MA
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She has a workers compensation claim as well as a third-party claim against the owner of the building owner. Feel free to call for a free consultation. Of course they don't want her to hire an attorney because if she does, that means the insurance company will have to pay what is fair, and they don't want to do that.
Answered on Oct 16th, 2012 at 4:11 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You first of all suggest you don't know whether she can work or not then you claim a lot of lost wages. The insurance company will go bananas with such rough guesses (which is what they are) find out from your doctor whether she will return to work, ask him the percentage of permanent disability (if any) multiply your medical bills times 6 8 or 10 and add such lost wages as the doctor might confirm. Ask for the moon. All they can say is no. but no guesses please. You really ought to have a good personal injury lawyer helping you. Insurance companies will not deal with you fairly as a rule. They are in business to make money not give it away.
Answered on Oct 16th, 2012 at 4:11 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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She shouldn't even be thinking about settling her case until she is at MMI (Maximum Medical Improvement) because she doesn't want to settle her case for a certain sum of money and then find out she needs surgery.
Answered on Oct 16th, 2012 at 4:11 PM

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