QUESTION

How much is my case worth for constant pain due to negligent landlord?

Asked on May 14th, 2013 on Personal Injury - Michigan
More details to this question:
A year ago sitting water from a problem in the roof of the two flat I resided in caused my ceiling (the plaster part as there are wooden planks underneath) to fall and water falling with it. According to the township, I live in the roof was not up to code and the landlord was notified. I fell on the falling mixture which caused a bulging disk in my back. I now have advanced sciatica and have had one steroid injection. However it does not stop my pain and some days I can barely move. I have undergone physical therapy for six months with no improvement. I also seem to have an extreme spasm that will not disappear. I am currently treating with a neurologist to locate another source of my pain.
Report Abuse

8 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Cant tell you that without a lot more information. How bad is the liability case? How egregious? How many times notice? How many times failure? Do you have a doctor to prove causation of your injuries are due to the fall? Do you have any factual witnesses about the fall? what do the doctors say about your injury future medicals? See a good PI lawyer your town.
Answered on May 16th, 2013 at 7:43 AM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
There are many factors that go into what a case is worth, and frankly, since you are still in treatment, it is impossible to say. The type injury you describe is surprisingly difficult to prove (most people have bulging disks and they will argue that your problems are idiopathic and not caused by the accident). One thing that is good, you do not have to worry about it being a car accident with minimum insurance coverage. The landlord hopefully has insurance to pay whatever damages you can prove. Some factors to consider are: I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, I suffered two broken ribs, or I am now suffering back pain, or I hurt my leg and had to have surgery and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say I'm hurt, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen's terms, this is often referred to a being released by the doctor. This term is most often used in the context of a worker's compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedure
Answered on May 16th, 2013 at 7:27 AM

Report Abuse
Civil Litigation Attorney serving Savannah, GA at Lueder, Larkin & Hunter, LLC
Update Your Profile
Before you even get to the question of how much your case is worth, you have to establish liability against the landlord. An attorney cannot evaluate your claim without more information such as (1) total cost of medical treatment to date; (2) specific facts related to the falling ceiling; (3) were you aware of the falling ceiling when you fell in the mixture that had fallen; (4) had you notified the landlord; (5) how do you know the township had notified the landlord; (6) how long before your incident had the township notified the landlord; (7) had the landlord taken any action to correct the problem prior to your incident. I would be glad to speak to you in more detail about your possible claim as this is just the type of the cases I handle on a daily basis.
Answered on May 16th, 2013 at 7:24 AM

Report Abuse
Personal Injury Attorney serving Milwaukee, WI
1 Award
The settlement value of your claim depends on a number of facts, including what your medical expenses have been, what they are anticipated to be in the future, whether you suffered a loss of wages and expect to do so in the future, whether you will probably need surgery to fix your problem, and the extent of the pain you have had and will probably have in the future. You will need a doctor to answer many of the issues posed above. Because of the severity of your injuries, I think you should hire a lawyer to help you get the real value of your claim. Keep in mind that you must file a case within three years of the date of injury.
Answered on May 15th, 2013 at 1:54 PM

Report Abuse
James Eugene Hasser
In Alabama, there's a 2 year statute of limitations. Check with a lawyer in your state on yours. And while you are at it, discuss your case. My thoughts are that it is premature to make your claim as it sounds as if you are still under active treatment.
Answered on May 15th, 2013 at 1:36 PM

Report Abuse
Ronald A. Steinberg
The case is worth what you can prove to a jury.
Answered on May 15th, 2013 at 1:36 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
Substantial. Now what does that mean? Assessment of damages in a personal injury case requires detailed analysis of liability, the injuries, and the effect of those injuries upon the individual. This analysis includes application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. A "cookie-cutter" approach, a standard answer or a formula would be a disservice to someone such as yourself, who needs the help of an experienced personal injury lawyer. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. Many people use this site to ask what their case is worth. Our answers are always: Get in touch with a personal injury lawyer in your area. That is the best way to get the best result in your case
Answered on May 15th, 2013 at 1:35 PM

Report Abuse
John Hone
You have a legal claim, because of your landlord's code violation. However, there will be comparative negligence plead by the defense. The facts determine how much his liability is offset by your own negligence. I have no idea without more facts. The injury symptoms and loss of function are severe. However, a bulging disc is not as strong as a herniated disc as far as medical evidence of both cause and damages. Any preexisting condition would be a critical fact. Without more facts, I cannot put an exact number on it.
Answered on May 15th, 2013 at 1:34 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters