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