QUESTION

What is an accident such as slip and fall worth baring my going to Court?

Asked on Jan 22nd, 2013 on Personal Injury - Michigan
More details to this question:
I was on my way to a PET Scan after completing my chemotherapy and on my way to the Mobile Pet Scan Unit. I fell off a concrete apron with an approximately 5" lip. There were no signs warning patients to watch their step or any handrails to use.
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12 ANSWERS

Personal Injury Attorney serving Los Angeles, CA at Law Office of Malosack Berjis
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A slip and fall accident, such as the one you have described, could very well be worth it.
Answered on Feb 17th, 2013 at 11:13 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You have to establish liability first. You have to prove that you fell because of their negligence. You will have to prove that you were being very careful, because if the problem was open and obvious, you lose.
Answered on Jan 29th, 2013 at 8:27 PM

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Christian Joseph Menard
Without more information and a review of all the facts and extent of your damages, it is impossible to say. Two main factors come into play, the culpability of the defendant's conduct and the full nature and extent of your damages.
Answered on Jan 28th, 2013 at 8:04 PM

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Ronald A. Steinberg
Under Michigan law, if the height difference was "readily visible to a person of average intelligence through casual inspection," the judge would throw your case out and you would get nothing.
Answered on Jan 28th, 2013 at 6:35 PM

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The value of the case depends on the extent of your injuries, medical bills resulting from the injury, lost work, etc. You also need to establish negligence. Short of going to court, your lawyer should write a demand letter to the defendants and tell them to put their insurance company on notice of the claim. You might be able to settle it out of court before filing a lawsuit.
Answered on Jan 25th, 2013 at 9:18 PM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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It is very difficult to answer this type of question without quite a bit more information. What were your injuries? Did you receive medical attention for your injuries? Every case is different and there are no set "values" of cases. You should contact an attorney and provide as much information as you can for that attorney to give you guidance. Many attorneys, with enough information, can give you a range of value, but again, much information is needed to make an evaluation of a case.
Answered on Jan 25th, 2013 at 9:04 PM

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James Eugene Hasser
If you were seriously injured and you can prove there was a defect that caused your injury, it may be worth your effort. Seek free info on Google on Alabama accident law and if, after educating yourself, you decide you need to talk with a lawyer, seek one familiar with Alabama accident law. Good Luck.
Answered on Jan 25th, 2013 at 8:45 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It depends on whether the concrete apron was unreasonably dangerous (if not, there is no liability) and the seriousness of your injuries. Although there were no warning signs, that might not be considered a hazard as most places have curbs, sidewalks, etc. with 5 changes in elevation with no warnings or guard rails (stairs normally require guardrails, but not curbs, sidewalks etc.). You may need to have a lawyer look at the location and determine whether the lawyer thinks there may be some liability. Assuming liability, below are some considerations that go into a fair settlement. 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 ove
Answered on Jan 25th, 2013 at 11:26 AM

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Complex Litigation Attorney serving Weston, FL at Schulman Law Group
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It depends on whether you can prove the landowner was careless; and the extent of your injuries and damages. Contact our office for further information
Answered on Jan 25th, 2013 at 11:22 AM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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It really depends on the severity of the injuries; if you fell and were merely embarrassed as opposed you suffered a fracture of some sort than may be worth pursuing. However, you must understand that to prevail you must establish that whomever you sue must have been responsible for either creating a dangerous condition, or permitting such a condition to exist when they knew or should have known about it and done something to rectify the problem. Given they know that the people coming for the scans may have some physical issues they pathway and steps should be reasonably safe for ambulation. However, given that it is a mobile unit the question comes up of how long had the unit been there and did they know of the condition (actual knowledge) or should they have known about the condition (constructive knowledge). The fact you fell does not automatically mean someone is responsible and 70% of all slip/trip and falls that go to trial result in verdicts against the plaintiff, or the injured party.
Answered on Jan 25th, 2013 at 11:22 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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A property owner or business proprietor can be held liable for known hazards that could foreseeably result in injury. In order to make a claim the injured party has to show either that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action or that the property owner created the hazard. But there is another possibility: some property liability insurance policies include a provision called a "medical payments provision". Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault
Answered on Jan 25th, 2013 at 11:22 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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What were your damages or injury? You are not compensated because you fell, but rather for the damages the negligence caused.
Answered on Jan 25th, 2013 at 9:55 AM

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