QUESTION

What compensation can I get for fall?

Asked on Jun 10th, 2013 on Personal Injury - Michigan
More details to this question:
I fell on the sidewalk, had an avulsion fracture on my left ankle, ligament damage, right foot avulsion fracture, casted right arm due to suspicion of hand fractures for five weeks, turned out to be trauma with tenosynivitis and aggravation from fall. Bruises, mental anguish due to being out of work (with pay) but cannot function until healed.
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9 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You get nothing for a fall. if you prove that you fell because of the negligence of someone and that you were not careless yourself you might then expect some compensation but such cases are not well thought of by Judges, jurors and lawyers. Too much dishonesty about them,(people pretend to fall).
Answered on Jun 11th, 2013 at 9:32 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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As I have indicated in multiple prior answers, there is no formula or table that can be consulted in re: the value of a particular injury. Each case depends on many, many factors which is why it is, in my view, important to retain local Michigan counsel that regularly handles premises liability cases to have all your facts/circumstances reviewed so a range of possible outcomes/values can be determined. What is clear is that simply because you fall on someone's premises does not automatically mean they owe you money or you have a case that can be successfully brought. Again, there are multiple factors that go into determining if there is a viable legal case, and I believe the best way to explore them is to get a free consultation from a Michigan premises liability attorney. There also has to be a determination as to who had jurisdiction/control of the area where you fell. You mentioned "sidewalk" and there are different rules depending on if same is a governmental sidewalk or a private sidewalk. There are also Notice requirements if a governmental sidewalk. So again, there is no simple answer, go see a lawyer very soon due to the possibility that you have closely approaching Notice that needs to be given to preserve a possible claim.
Answered on Jun 11th, 2013 at 9:32 PM

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Ronald A. Steinberg
Whose fault? You get nada, zip, nothing, zero, for falling. You only get money if you can prove that the accident was the fault of someone else.
Answered on Jun 11th, 2013 at 9:32 PM

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Thomas Edward Gates
You failed to state the cause of the accident and related facts. For such injuries to have occurred, the fail must have been aggravated.
Answered on Jun 11th, 2013 at 9:31 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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Every civil case has two components: (1) liability and (2) damages. You clearly have damages. But you have not provided any facts about the fall itself. Sidewalk falls are very difficult and such cases are disfavored in the law. If you are trying to hold a public entity liable, it is even more difficult. Even assuming that liability was established, there are a variety of factors to assess damages. While you obviously have the physical injuries, what are the medical expenses? That's one of the largest factors considered. What lifestyle changes resulted? How much treatment, and physical therapy? What activities were curtailed? did you miss work? How much did you lose from work, if any? What is the prognosis for a full recovery? Will you have long-lasting or permanent residual physical consequences as a result? These are just some of the factors that go into the valuation. It is not a formulaic answer where a broken ankle = $5,000, and hand fracture is $3,000, etc. Also in slip and fall cases comparative negligence is a major concern. Even if the sidewalk was defective, why didn't you see it? Were you partially negligent here? If so, your case value can be reduced proportionately to the percentage of fault attributed to your negligence. Sidewalk cases have many defenses. If the defect is so large, it's considered open and notorious and you should have seen it and avoided it. If the defect is too small, it's considered a trivial defect and they can avoid liability altogether on that basis. If you don't have an attorney, you will need one because these are extremely difficult cases and you will likely need an expert as well regarding the condition of the sidewalk.
Answered on Jun 11th, 2013 at 9:30 PM

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Personal Injury Attorney serving Milwaukee, WI
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The issue is whether the municipality was more negligent in causing your fall than you were. If a jury were to find that you were more at fault than the municipality, you would lose the case. I am assuming that when you say "sidewalk", you are talking about a city sidewalk. Assuming it was a public sidewalk, you must serve a notice of injury on the governmental body within 120 days of the fall.
Answered on Jun 11th, 2013 at 9:28 PM

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James Eugene Hasser
Nothing unless you can prove someone was at fault.
Answered on Jun 11th, 2013 at 9:28 PM

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Commercial Attorney serving New York, NY at Hecht & Hecht, LLP
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You might be able to get compensation for your past and future pain and suffering, medical bills and lost wages. However, when you fall on a sidewalk, it might be a municipality that is responsible. Here in New York there is a rule that when suing a municipality you generally need to file a notice of claim within 90 days of the happening of the incident. In New York City sometimes the sidewalk is the responsibility of an adjacent land owner, other times it is the responsibility of The City. If it is The City, you will need to show that The City had prior written notice of the defect on which you fell. If it is the responsibility of the adjacent land owner, you still need to prove that they had notice of the defect before the incident, but that notice does not need to be written. Sounds like a bad injury. In New York it could have significant value.
Answered on Jun 11th, 2013 at 9:28 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Maybe, but you will have to speak with an attorney with the details. The question here is if there is a third party liability and you clearly have major damages.
Answered on Jun 11th, 2013 at 11:31 AM

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