QUESTION
What is the usual settlement for a trip & fall, broke both arms, over $100,000.00 in medical bills?
Asked on Dec 30th, 2013 on Personal Injury - California
More details to this question:
I broke my left elbow in left arm, broke right shoulder, surgery, physical therapy. Hotel admitted fault.
12 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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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 Jan 03rd, 2014 at 10:42 AM
An attorney would have to know whether there was an wage loss, how many days of hospitalization, the amount and degree of your pain and suffering, what residual pain and disability you have, etc. Tell the insurance carrier for defendant that u are willing to settle and want an offer from them, which you will then take to an attorney to see if the offer should be accepted. Then go to several personal injury attorneys in the geographical locale of the accident and find out if they were willing to work for you on a hourly fee to advise you on what is a reasonable settlement and prepare to negotiate one. I would suggest you not agree to paying a 1/3 contingency fee unless settlement is not possible at a reasonable level. Most attorney's will not want to be paid on an hourly basis, payable form the settlement, but you might find some who are willing to do so. This is too important of an issue to rely upon a free web site for an answer. You will have to spend some money to get more money.
Answered on Jan 03rd, 2014 at 10:39 AM
There is not a "usual settlement" for any case and a slip/fall case is even more difficult to value without know how the accident happened and if you were at fault; so go and hire a lawyer so you can get all you deserve.
Answered on Jan 02nd, 2014 at 4:26 PM
Personal Injury Attorney serving Boise, ID
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Caldwell Law Group, PLLC
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Every case is evaluated differently. Given the extent of your injuries, it would be wise to consult with an accident attorney to determine your rights.
Answered on Dec 31st, 2013 at 6:50 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Slip and fall cases are very difficult of handling. What are the fact s and what has the hotel admitted? Just because you fall that means nothing in NC. You have to prove fault on the part of the hotel and you have to prove you were not at fault in any regard. If you can do that, and it is hard to do then the question is what do the doctors say about your injuries, about the future, whether there is permanent injury and future medicals expected, etc. why don't you engage a PI lawyer to review your case.
Answered on Dec 31st, 2013 at 6:50 PM
James Eugene Hasser
Case values vary widely from case to case and place to place. Experienced personal injury lawyers are familiar with such values. Consider consulting one.
Answered on Dec 31st, 2013 at 6:50 PM
If I were you, I would not try to settle your case without a lawyer's help. You will almost certainly get a better settlement, even after attorney fees, than you will get on your own. As far as estimating what your case is worth, that depends on a lot of factors, including whether you will have permanent impairments from your injury and whether it caused lost work time, or will impair your ability to find suitable work in the future.
Answered on Dec 31st, 2013 at 6:49 PM
Valuation of a case for any individual can have a wide range. Generally, slip and falls are difficult to prove on liability. If the hotel has admitted liability in writing, you have cleared one large hurdle. Certainly then, your medical bills of $100,000 should be covered. Pain and suffering will include many factors: your age, time off from work, interference with your activities of daily living and for how long, recovery time, and any residual or permanent results. They also evaluate your presentation and appeal as a person if they have had the opportunity to depose you. A Washington attorney can gather this information and look at comparable awards, jury verdicts and settlements to give you an idea of a fair range of settlements.
Answered on Dec 31st, 2013 at 6:49 PM
1 Award
There are many factors that go into determining the settlement value of a claim like yours. The impact the injuries had and will have upon your life any lost wages any impairment of earning capacity whether the effects of the injuries will probably be permanent; and whether there will probably be future medical expenses resulting from the injuries are all important facts that must be considered. The strength of the liability case is also very important. With the severity of your injuries and the extent of medical expenses, I think you would be best served to ask a lawyer who represents injured people to help you obtain a settlement that is fair to you.
Answered on Dec 31st, 2013 at 6:48 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I would ask for $400,000 and settle for anything at $200,000 or more. If you have an attorney that gets a third, then you end up with about $40,000. Without an attorney, you get about $100,000.
Answered on Dec 31st, 2013 at 6:48 PM
Ronald A. Steinberg
Hard to say. Your case is worth whatever damages you can prove to the jury. Under Michigan law, even in a case where the cause of your fall would be quite obvious, you could lose because the judge has the power to blame you for not avoiding the defect.
Answered on Dec 31st, 2013 at 6:46 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Depends on the liability issues as to how you can prove negligence before the money value can be determined. If you can prove negligence you can recover a six figure value but your question should be answered by the attorney handling your case,if you have one because there are about dozens of factors I will consider in placing a value to the claim.
Answered on Dec 31st, 2013 at 6:41 PM