David F. Stoddard | David F. Stoddard
A attorney would need much more information to suggest a figure. Below are some things to consider. 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 procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you were actually billed x number of dollars by medical provides, and that you would have earned x dollars had you been at work. A personal injury settlement demand should begin with the amount of special damages, that is, medical bills and lost wages. Intangible Damages Intangible damages are often the most important component of your damages case. Intangible damages include such things as pain and suffering, mental anguish, and loss of quality of life. Two important factors influence a fair settlement: the severity of your injury, and the duration of your injury. Severity of the Injury By severity of the injury, I am talking about the degree of pain and discomfort you suffer, along with how the injury affects your life and ability to engage in activities. On one end, you have relatively minor injuries that result in moderate pain and do not significantly interfere with your ability to do things. On the other end, you have injuries that result in severe pain and significantly interfere with your ability to engage in activities. An injury that is moderate in pain and its affect on your life would indicate a settlement on the low end of the range of fair settlements. An injury that results in a great deal of pain and significantly interferes with your ability to do things would indicate a settlement at the high end of the range of settlements. The low end might be in the thousands of dollars whereas the high end might be in the tens of thousands of dollars (at this point, I am only talking about severity of the injury, not the duration).
Answer Applies to: South Carolina
Kelaher Law Offices, P.A. | James P Kelaher
There is absolutely no way to even suggest an answer without knowing far more than the facts you have given me your question would be similar to saying "how much should I ask for my car" without giving me the year, make or model of the car.
Answer Applies to: Florida
Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
It is impossible to give you a figure without more information. It is important to know what caused your fall and whether the owner of the property can be held legally responsible for the fall. Next it must be determined whether you will likely be found to be partially at fault and this will reduce what you may be entitled to recover. Next it is important to know the type of injury, the amount of your medical bills, the length of your treatment, the amount of lost income and the degree to which you are still disabled before anyone can tell you what to ask for and what you can expect to receive.
Answer Applies to: Ohio
Paul Whitfield and Associates P.A. | Paul L. Whitfield
No idea. No fact s here.Slip and fall cases are not well thought of. So many phoney claims and so many claims based on the negligence of the party falling. You have to prove negligence on the part of the establishment and prove that you were not negligent at all, and that whatever it was that caused you to fall was not open and obvious. You don't get anything just because you fall o n my property. You must prove fault.
Answer Applies to: North Carolina
Andrew T. Velonis, P.C. | Andrew Velonis
Eleventy jillion dollars. No, seriously, assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidentiary factors, medical documentation and experience in your jurisdiction as to likely range of prospective jury awards. You don't even mention what your injuries are, so that makes it like asking "how long is a string?" 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 settlement in your case
Answer Applies to: New York
Robert Butwinick | Robert Butwinick
That depends on many factors. First, how the fall occurred and what the property owner did/or did not do will effect the value of the claim. Often there is some comparative liability in a slip/fall situation. With regard to the damages themselves, the key components are the diagnosis, past and future medical expenses, any past or future lost earnings, and the injury prognonis. You should not try to settle your claim until you have received adequate treatment and reached maximum medical improvement. If you haven't already do so, you should consult with an experienced injury lawyer.
Answer Applies to: Minnesota
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
Assuming some other party is at fault, each case is evaluated on its own merits, but generally, you would be able to recover the damage to your car + your medical bills + lost wages + a reasonable amount for pain and suffering.
Answer Applies to: Ohio
Fox Law Firm LLC | Tina Fox
It is difficult to say without knowing more information, such as how did it occur, are you still treating, and what were your injuries? If you would like to discuss this further, you can contact our office for a free personal injury consultation.
Answer Applies to: Illinois
Law Office of Mark J. Leonardo | Mark Leonardo
There is not enough information to answer your question. Valuing a personal injury depends on liability, the severity of injuries, the medical expenses incurred, loss of earnings, effect on your lifestyle, etc. There is no simple formula to answer your question in a vacuum.
Answer Applies to: California
Gregory M Janks, PC | Gregory M Janks
Is there a way for you to review prior questions and answers on this site? I haven't looked to see if that's possible, but if it is, similar questions about case value and premises liability law in Michigan have been answered by me many, many times now. A review of similar questions, and the answers, would be helpful to you. The short answer is: 1. No formula for compensation for injury a, b or c; 2. Best to consult local counsel who has handled many similar cases as they will have the best idea of possible value range; 3. Your question is not specific enough to allow an answer, as you do not specify how the incident happened, where, why, the type of injuries, the amount of medical treatment, the amount of medical bills, the treating doctors opinion on prognosis, whether there has been wage loss, the amount of any wage loss, whether the injuries continue, how long they will continue, how they will effect your ability to live your normal life, etc. 4. Premises liability cases are very difficult in Michigan, if they are the "garden variety" and don't involve special circumstances and/or violations of statutes.
Answer Applies to: Michigan
Law Office of Malosack Berjis | Malosack Berjis
The amount you should demand, in just about every personal injury case (including your slip-and-fall matter), really depends on several factors, which include (but, are not limited to) the following: the nature, extent & severity of your injuries the amount of medical bills & lost wages you have incurred; your age; and, so on. Using such information, your lawyer (that is, assuming that you have hired one to handle your case) should be able to give you some idea of an appropriate amount to demand.
Answer Applies to: California
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Your matter may well be pursuable. It really depends, at the outset, on how significant the injury is. Any broken bones, or severe sprain, requiring actual medical treatment? If so, it should certainly be looked into. I could definitely help with that.
Answer Applies to: Michigan