How much should I ask for on my slip and fall personal injury case? 41 Answers as of July 11, 2013

I fell from the stairs of my apartment building because there were no lights in the stairway when it got dark outside. I broke 2 bones and a ligament on my right ankle. I had to go through surgery and had a metal plate and 7 screws in my ankle because of the accident. Right now my lawyer put in a motion for mediation and I would like to know if $80,000 dollars is too much to ask for. I had no therapy, I had medicaid at that time and I really need your help. Please let me know asap. Thank you!!!

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Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
No. $80,000.00 is not too much to ask.
Answer Applies to: New York
Replied: 6/23/2011
Law Offices of Earl K. Straight
Law Offices of Earl K. Straight | Earl K. Straight
Based on your injuries, but without knowing how much your medical bills are, a demand for $80,000 seems reasonable, maybe even on the low side. You can always negotiate a lesser amount, but you cant ask for more once you have made a demand.
Answer Applies to: Texas
Replied: 6/23/2011
Law Offices of Steven R. Kuhn & Associates
Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
You should rely on your attorney for the value of your case. You have not provided enough facts for me to give an accurate opinion on the value of the case. How much were the medical bills? Do you have residual complaints or limitations? Is there a loss of earnings claim? How old are you? These are important questions that need to be answered before an evaluation can be made. That said, $80,000 does not seem too much to ask.
Answer Applies to: California
Replied: 6/23/2011
Barry Rabovsky & Associates
Barry Rabovsky & Associates | Barry Rabovsky
You may have a case, based upon the information that you have supplied.
Answer Applies to: Illinois
Replied: 7/11/2013
Law Office of Ronald Arthur Lowry
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
Do what your lawyer says. He/she is in the best position to advise you as he/she knows the case.
Answer Applies to: Georgia
Replied: 6/22/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    $80000 is certainly not "too much" to ask for a serious injury like yours. Your lawyer should have a feel based on what he knows about the case and your medical history. You should rely on him unless there is a good reason not.
    Answer Applies to: North Carolina
    Replied: 6/22/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    This is for you and your lawyer to decide. I do not know how much your medical totals are so it is hard to know what to say. Premises liability cases are very difficult.
    Answer Applies to: Alabama
    Replied: 6/22/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Listen to your lawyer. I cannot possibly give you any kind of even ballpark guesstimate with only that information.
    Answer Applies to: Florida
    Replied: 6/22/2011
    E. Ray Critchett, LLC
    E. Ray Critchett, LLC | Ray Critchett
    Generally, it is impossible to advise you as to the likely value of your case simply on the facts as presented. There are a lot of other issues that need to be addressed first, such as whether or not the injury is permanent, whether you need additional treatment in the future, the amount of your medical expenses, whether or not you had health insurance, whether or not they have accepted liability, whether or not the insurance carrier is going to argue that you were partially at fault, whether or not you missed time from work, whether or not there were prior similar accidents etc . . . . I would recommend sitting down with an attorney in person to address these issues and to write down a list of your questions so that you do not forget during the meeting. You also should be aware that in Ohio, you may only have a two year statute of limitations to pursue this claim.
    Answer Applies to: Ohio
    Replied: 10/25/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    I suggest that you retain and/or consult with a personal injury or accident attorney on this matter. Out of fairness to you, an attorney needs to become familiar with the facts and circumstances pertaining to you injury before a claim for damages should be put forth.
    Answer Applies to: Indiana
    Replied: 6/22/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Morris Lilienthal
    The value of your personal injury case depends upon many factors. First, what jurisdiction or state did the incident occur in. Each state has their own separate laws on the potential liability of the landlord and what types of damages you can recover. Under Alabama law, there is a concept known as contributory negligence, which means that if the jury found you (the plaintiff) at fault at all then you cannot recover anything. However, most states do not subscribe to this theory. Further, based upon my experience with slip and fall cases many states have different sets of laws regarding what the responsibilities of a landlord are as opposed to the responsibilities of a store owner would be to their customers. Further, the particular venue your case is in can affect its value IE what specific court it will be tried in. What are the juries like in that area. It certainly sounds like you have a substantial injury; however, as you can see there are many factors that go into determining the value of a personal injury lawsuit. Without having all the information it is not something I could give a value on. I would recommend you speaking with your personal injury attorney and getting his or her evaluation on your claim and how they arrived at that amount. Best of luck.
    Answer Applies to: Alabama
    Replied: 6/22/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    This is something you and your attorney should discuss. It depends on the amount of the medical bills, your pain & suffering, any permanent impairment rating, etc.
    Answer Applies to: Connecticut
    Replied: 6/22/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Only your attorney knows what the case might be worth. Please sit down and ask them. You trusted them when you hired them and must now rely on that while the case is in suit. Our opinions would be worthless based on a small online blurb.
    Answer Applies to: Michigan
    Replied: 6/22/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Sorry, ethically, since you already have an attorney, I cannot second guess him/her. The value your attorney has suggested has apparently been made in good faith and with full knowledge of you lack of therapy and the surgery. If you had done the therapy, the figure may have been higher. Good luck.
    Answer Applies to: New York
    Replied: 6/22/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    This is a matter which should be decided by you after careful consultation with your own personal injury attorney. Good luck!
    Answer Applies to: Georgia
    Replied: 6/22/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Even with injuries as serious as yours, I would think $80,000 would be on the high side if that is what you are expecting to have in your pocket when all is said and done. Oregon is a pretty conservative state when it comes to jury awards. Your lawyer should be able to give you a good assessment as to what a jury is likely to do with your case and, therefore, calculate what your case is worth now.
    Answer Applies to: Oregon
    Replied: 6/22/2011
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    You should discuss this with your attorney. The valuation of a case and the decision of how much to demand at mediation are questions that depend heavily on many facts that are specific to your case. Your attorney is in the best position to know these facts.
    Answer Applies to: North Carolina
    Replied: 6/22/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    I can't answer your question for two reasons. First, you did not give me all of the important facts of your case. How much are your medical bills? How much are your lost wages, if any? Will the injuries affect your ability to work in the future? Will the injuries affect your quality of life in the future, and if so, how? How old are you and what kind of health were you in before the accident. How bad does your doctor(s) say your injury is? Are you the kind of person the jury will like and identify with, or will the jury perceive you as someone trying to get rich off an accident? The second reason is that it is unethical for me to give legal advice to someone who I know is represented by an attorney. By the way, the unanswered questions set out above (and more that I may not know enough to even ask, not knowing your case) are the reason it is unethical for me to give you advice. It is unfair to you and your attorney for me to advise you when I know far less about your case than your attorney. By the way, mediation is a great process, and you have nothing to lose by entering into it. I usually get what I believe to be a fair settlement in mediation.
    Answer Applies to: South Carolina
    Replied: 6/22/2011
    Anderson & Bliven P.C.
    Anderson & Bliven P.C. | Scott Anderson
    It would be unethical for another attorney to give you advice while you were represented. Speak with your attorney about the matter.
    Answer Applies to: Montana
    Replied: 6/22/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    If you already have a lawyer you should ask your lawyer.
    Answer Applies to: Utah
    Replied: 6/22/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    This a question you should address with your attorney, as no one other than your attorney knows all of the facts of your particular case. If you aren't confident in your attorney then you should get a second opinion.
    Answer Applies to: Florida
    Replied: 7/11/2013
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    No, it is not depending on the liability picture. It may not be enough if the liability is clear and they were on notice of the lights being out.
    Answer Applies to: Florida
    Replied: 6/22/2011
    David Hoines Law
    David Hoines Law | David Hoines
    Follow your lawyers advice the value of a claim varies greatly and many things and facts are involved there is no way I can answer this question without reviewing the file in detail.
    Answer Applies to: Florida
    Replied: 6/22/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Slip and fall cases are extremely difficult to prove and are not favored in the law. You obviously have severe injuries which is only 1/2 of the two-part equation the other half is liability. Insufficient lighting is extremely difficult to prove as the source of your fall. But to answer your questions is almost impossible with the information you provide. For any attorney to give a fair opinion the amount of your medical bills, even if paid by Medicaid, is a critical component to the valuation of your case. I think most lawyers would want to see the site where you fell and/or have photos of the scene, and definitely would want to review all of the medical bills before giving you an opinion as to case value. Your current attorney is in the best position to evaluate your case because he or she should have this information. Going to mediation is an excellent venue and opportunity to resolve your case. The mediator will assist you in exploring the pros and cons of going forward. Good luck.
    Answer Applies to: California
    Replied: 6/22/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    This case is worth more than 80,000 assuming liability is accepted. There was surgery involved and there could be additional surgeries down the road. If you are unsure about the process, hire an attorney as they would be more familiar with the process.
    Answer Applies to: Pennsylvania
    Replied: 6/22/2011
    Sariol Legal Center
    Sariol Legal Center | Frank R. Sariol
    Just from the facts that you are giving me here it seems to me that $80,000.00 is actually too low if your lawyer can overcome the liability issue. You have some serious injuries that can be worth a lot. I think the better thing you should do is sit down with your lawyer to discuss your case as he has all the facts and better value it.
    Answer Applies to: California
    Replied: 6/22/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    I would need to see your medical record and who is responsible for payment. Talk to your attorney.
    Answer Applies to: Florida
    Replied: 6/22/2011
    Aronberg & Aronberg, Personal Injury Law Firm
    Aronberg & Aronberg, Personal Injury Law Firm | David T. Aronberg
    There are a lot of factors involved in evaluating a settlement value. Did you discuss the $80,000 figure with your lawyer? What did he/she say? Without knowing anything else about the case, $80,000 is not too much to ask for with that type of injury. Good luck!
    Answer Applies to: Florida
    Replied: 6/22/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    First, I'm sorry about your injury. I know how painful ankle injuries can be, and how hard it can be to recover from them. Second, it is unethical for a lawyer to communicate with a person if that person is represented by a lawyer on that same matter. But even if I could communicate with you about your case, there are far too few facts for me to make a judgment about the value of your claim. You should discuss your concerns with your lawyer, and if you find his or her explanation unsatisfactory, then you should give your lawyer a chance to explain.
    Answer Applies to: Oregon
    Replied: 6/22/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Since you have told me in your question that you are represented by counsel I am ethically forbidden from communicating with you on the subject matter of the representation. I would not be able to answer the question anyway as there are too many things I do not know about your case to tell you whether $80k is enough or not enough. Ask your lawyer what he or she thinks and have your lawyer sit down and explain to you why that is their professional opinion. You should be able to trust your lawyer to do this for you.
    Answer Applies to: Oregon
    Replied: 6/22/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    We cannot give advice to someone who already has an attorney. That said, the basics of personal injury are that you should be compensated for all of your medical bills and prescriptions, mileage to and from doctor, lost wages, permanent disability and scarring, pain and suffering, and mental anguish. The range of typical settlements varies greatly depending on area, but people often talk about "3x the medical bills" as being standard. Still, you should listen to your attorney as he/she has all the specific information and we do not. There are tons of things to consider during settlements, including your comparative negligence in deciding to walk down a stairwell that you knew was dark without taking a flash light. That will be an argument that I'm sure the defense will raise.
    Answer Applies to: Missouri
    Replied: 6/22/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    There's really no way to give you a fair value of your case without a lot more information. How much were medical bills? Do you need future surgery and if so, how much is it expected to cost? Did you miss work? What were your incidental expenses? Are you in pain today and do you doctors expect you to have to live with pain, or has it gotten better? Another VERY important consideration is where your case is filed. The settlement value of your case is ultimately nothing more than a prediction of what a jury will award you. If you are in Miami or Los Angeles or New York City, your case is worth a lot more than if you are in small town Michigan or Kansas. It is possible to research jury verdicts in your area. Seeing what other juries have awarded in similar cases would tell you a lot. Sorry I can't be more help, but it wouldn't do you any good for me to guess at the value of your case without the information I've outlined above. Your lawyer should be able to look at all of these issues and give you advice about what to do. Good luck!
    Answer Applies to: Florida
    Replied: 2/21/2012
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Doesn't matter what you ask for. It is more important what you get. You have a lawyer,speak to him or her.
    Answer Applies to: Florida
    Replied: 6/22/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Elizabeth Beason Moore
    I cannot say how much you should demand at mediation as you are being represented by an attorney. Your attorney should give you advice as to the value of your case based on a lot of factors. Good luck.
    Answer Applies to: Alabama
    Replied: 6/22/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    Medicaid may have a lien so you need to add that amount into consideration! Also is liability being admitted! there are a lot of factors that must be reviewed in order to evaluate the claim but $80,000 may be too low a starting point.
    Answer Applies to: Delaware
    Replied: 6/22/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    $80,000 would be too low IF liability is clearly against the defendant(s). Often, slip and fall cases aren't all too clear on the issue of liability, and so this issue must be factored in to the valuation on settlement. Because if the matter went to trial, and you lost the case (because the jury found the defendants weren't liable) then $80,000 would seem like a great settlement. However, if you could "look into a crystal ball" and know the jury would find the defendants liable (i.e. at fault) then (in my opinion) $80,000 would be too little. So, since I don't know how good (or not) the liability is against the defendant(s), I really can't say for sure. Please call if you would like to discuss this directly.
    Answer Applies to: Colorado
    Replied: 6/22/2011
    Evan M. Altman Attorney at Law
    Evan M. Altman Attorney at Law | Evan M. Altman
    Without knowing where the case is brought (jurisdiction) no way to tell.
    Answer Applies to: Georgia
    Replied: 6/22/2011
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    No, it's not too much.
    Answer Applies to: Washington
    Replied: 7/11/2013
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