How much can I win in a lawsuit for falling from a broken chair at a restaurant?

Question

I fell from a broken chair in a restaurant. My back was sprained and now I have to go to therapy thrice a week. I have to pay over $5000 for the doctor's bill. How much will I get in after a lawsuit?

James Osak · Answer

It all depends on how you PROVE your case to a jury or judge. What are your damages?

Stephen Lombardi · Answer

Answer: That would not be possible to state without knowing  the facts that establish liability and damages. Every tort case is made up of four elements which are backed by fact; you've provided no details about how the accident occurred, who was liable, who was at fault, how much they were at  fault; your own fault, if any; and the amount of damages including whether you have surgery, if there is any permanent impairment, restrictions, loss of  wage,  impairment of future earning capacity, pain, suffering and future medical expense. Without know more and a credible doctor's opinion on the medical issues it's not possible to state the amount.

Bradley Cornett · Answer

Every injury is unique. Every venue is unique. Without more details, it would be difficult to even guess what you should expect in the way of a settlement or verdict.

Willie Stephen Graves · Answer

You should see a personal injury lawyer. Premises liability cases are hard to win, but the restaurant may have premises medical payments coverage that will pay for your medical expenses, often up to a limit of $5,000.

Melvin Franke · Answer

Whatever a jury awards you.

Charles E. Cartwright · Answer

Every case is different. It is impossible to tell you what you may recover without looking at all of your medical records and bills and investigating the incident to determine the likelihood of recovery.

Ronald A. Steinberg · Answer

You expect someone to tell you the value of a case without knowing all of the facts.  That is like asking a doctor to diagnose a head ach over the phone-it could be a brain tumor, a busted aneurysm, a need for glasses, allergies, a sore neck, or a sinus infection.

Brett Rosenthal · Answer

There is no guarantee about how much you will get, or frankly whether you will get anything. You as the claimant have to prove that the chair constituted a dangerous condition in the restaurant and they had to have, or should have had notice of that condition. The other issue is whether when you sat you either recognized the condition or should have recognized the condition, because if you did than you may have been some portion responsible for your own injuries. Therefore, as the plaintiff you are going to have to show there was a preexisting problem with the chair that they either knew about, or should have known about. Assuming a jury concludes that the chair did constitute a dangerous condition then you must establish what injuries were the result of your fall and then you can recover reasonable and necessary treatment. If you had $5,000 in medical treatment and you paid that out of your pocket you can recover that and associated general damages, or pain and suffering relating to that treatment, its duration, how painful it was, and how all that impacted your life during that timeframe. The other question is whether you have recovered fully from your injuries. How the jury perceives each of those factors and what they feel those are worth cannot be predicted. That is why you need counsel to evaluate and deal with each of these issues.

Michael Heilmann · Answer

It all depends if the business had notice of the defect.

John Brennan · Answer

You can claim your medical expanses and for your pain and suffering caused by a proven negligence of the restaurant.

Mark Leonardo · Answer

You are entitled to all damages that naturally flow from the injury.  This may include medical bills, lost earnings if you missed work, any other out of pocket losses and then general damages (for pain, suffering, and inconvenience).  Most businesses have a general liability insurance policy that contains a  Med-Pay  provision that will pay a designated amount for medical expenses, regardless of fault.  If you are on your own, you should inquire whether there is a policy with a med pay provision and if so, ask what the limits are, and then demand reimbursement.  This is not a settlement and they cannot make you sign anything to get it.  If you try to negotiate a settlement with the insurance company on your own without a lawyer you will be at a severe disadvantage. They are experienced at this and you are not.  If you hire an attorney, he or she will get paid from the settlement proceeds.  As for how much you will get, there is no formula to give you an answer.  There are many factors:  your age, your weight, the severity of your injuries, whether anything was broken vs just a sprain as you have indicated, whether x-rays back you up or if your symptoms are all subjective, is there clear liability or did you do something to cause the chair to break, did you lose income, can your prove it, if you are self-employed loss of earnings are generally very difficult to prove, and the general damages component is very subjective.  The amount of your medical expenses is one of the largest factors.  Also the alteration to your lifestyle is significant (e.g., can't dance, take walks, ride bike, workout, have sex, swim or other activities).  The insurance carrier will low ball everything.  They will say you over-treated and that the cost of your treatment was excessive. They never offer fair value.  Their job is to collect maximum premiums and payout as little as possible.  I recommend that you get a free consultation with a personal injury attorney who will ascertain all of this information from you and would be in a better position to give you a range of possibilities of what you might expect in terms of a settlement.  Good luck.

Arthur Aiken · Answer

It is impossible for me to place a value on your case. You need a good, experienced lawyer with all of the facts to get a reliable figure for the value of your case.

Michael Lehner · Answer

Many factors have an affect on the value of a claim and your question does not provide enough information. There is no exact formula for determining damages. The question in the end comes down to the collective opinion of the jury who hears your case. They will consider whether you lost employment income, whether you suffer permanent disability, if not the length of temporary disability; the pain and suffering you incurred, the amount of medical expenses, the duration of treatment, interference with personal habits and lifestyle and enjoyment, your age, whether you have pre-existing injuries or disabililty.  All of those factors would be considered by a jury.

Jeffrey Lapin · Answer

I cannot answer your question without a lot more information, both about your fall and your injuries. First, I would need to why the chair broke and whether anything you did, other than sitting on it, caused it to break. Second, I would need to know more about your injuries and damages. Besides your medical bills have you lost income due to your injuries? There is no "magic formula" to determine the value of a case. Each case is different and dependent on its own facts.  I would suggest contacting an attorney to learn more about your rights and what your case might be worth.

Michael Yeksavich · Answer

I do not know the total nature and extent of your injuries.  I am concerned if  your treatment bills are from a physician or a chiropractor.

David Hibbert · Answer

It's not a question of "win" but how much how much your damages are from the injury. They may be responsible for all your medical , wages, pain , suffering damages from the negligence you prove. Some have suggested that 3x to 5x the special damages (those one can count from bills and expenses incurred) is a measure of what one might "win." Every case depends upon its own specific fact situation. Your best course is to talk with an attorney in your jurisdiction . There are many other factors which may have bearing upon you actual recovery.

Irving Blank · Answer

There is no way to answer this question.  These are very hard cases to win and your case may not be of enough value to even pursue.  You need to see an experienced personal injury attorney who has tried these kind of cases in the past.  You should be able to get an opinion without paying any fee and then you make a decision about going forward.

Matthew Frisby · Answer

In order to answer your question as phrased one would have to have a crystal ball or be able to tell the future, I don't know anyone that can do that. A verdict at the end of a lawsuit depends on many variables (far to many to discuss on here) BUT the owner of a business property has the general duty to the keep the property free of defects and in a safe condition, failure to do so opens the property owner up to liability.  You should seek out the advice of an attorney in your area to discuss the law in your jurisdiction and your options.

David Blain · Answer

The type of potential lawsuit you have described is a personal injury action.  An injured Plaintiff *who prevails* in a personal injury lawsuit will be awarded compensation, which is known as damages. The types of damages available to a prevailing party in a personal injury claim are compensatory damages and punitive damages.  Compensatory damages seek to place the Plaintiff in the position he/she would have been in had the injury never occurred. This is done by placing a dollar figure on the economic and non-economic damages. Economic damages are things like medical expenses (past and future), lost wages (past and future) and repair or replacement of property. Non-economic damages are things like pain and suffering, mental anguish, fear, anxiety and diminished earning capacity.  Punitive damages, unlike compensatory damages, are intended to punish the defendant for his/her/its egregious and outrageous conduct and attempts to deter others from acting similarly. Punitive damages will only be awarded where the defendant has acted with oppression, malice or fraud.  I cannot, and will not, try and speculate the value of your damages without knowing all the facts to your case. BUT, before you even arrive at the issue of what your damages are you first must deal with liability. If there is no liability on the defendant's part then you cannot recover any damages, regardless of the impact of your injury on your life.

Andrew Velonis · Answer

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. $5,000 for a sprain?  That does not add up.  You don't state whether you were out of work because of this.  Also, we don't know how long you will be in treatment or whether your condition is permanent.  Those are all important quesions.

Bruce Arthur Plesser · Answer

Depends on damages. Hire a lawyer.

Cary Smalley · Answer

That varies depending on a number of factors.  I suggest you discuss the specific details of your situation with an attorney.

Matthew Kober · Answer

This will largely depend on the extent of your injuries and how it affected your life (did you lose any work from it, i.e. lost wages, do you have any permanent injuries), etc.   A qualified personal injury attorney will help you determine these factors and get the largest outcome possible for you.  Statistics show that people who use attorneys get more money than those who don't.

Thomas Bulman · Answer

That would be 10,500.

Dean Esposito · Answer

You are entitled to have all your medical bills and lost wages paid. General damages or pain and suffering is what is negotiable but is based on the severity and duration of your injuries. I would need more information to give you an estimate or range.

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