What is an accident such as slip and fall worth baring my going to Court? 24 Answers as of February 17, 2013

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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Law Office of Malosack Berjis
Law Office of Malosack Berjis | Malosack Berjis
A slip and fall accident, such as the one you have described, could very well be worth it.
Answer Applies to: California
Replied: 2/17/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
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.
Answer Applies to: North Carolina
Replied: 1/29/2013
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
I'm sorry to hear of your injury. Generally, premises need to be safe for anticipated use, and the standard is higher for commercial premises as to their patrons (invitees), who, in this scenario, means you. This should be looked into. I can definitely help you do that. For your information and confidence, I'm listed in Best Lawyers in America, Super Lawyers, Top 100 Trial Lawyers of the National Trial Lawyers, and other top-attorney publications.
Answer Applies to: Michigan
Replied: 1/28/2013
Law Offices of John T Doyle
Law Offices of John T Doyle | John T. Doyle, Esq.
It depends on your injuries.
Answer Applies to: New Jersey
Replied: 1/28/2013
Law Offices of Tanya Gendelman, P.C.
Law Offices of Tanya Gendelman, P.C. | Tanya Gendelman, Esq.
The amount of damages is determined by your physical injuries.
Answer Applies to: New York
Replied: 1/28/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian 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.
    Answer Applies to: California
    Replied: 1/28/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    Without knowing the extent of your injuries from the fall and amount of medical bills attributable to the fall, it is impossible to value your claim.
    Answer Applies to: Nevada
    Replied: 1/28/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    It is difficulty to determine what a case is worth without more information. What were the extent of the injury, the course of treatment and length, time lost from work, age, etc.
    Answer Applies to: New York
    Replied: 1/28/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    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.
    Answer Applies to: Michigan
    Replied: 1/28/2013
    Durham Jones & Pinegar | Erven Nelson
    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.
    Answer Applies to: Nevada
    Replied: 1/25/2013
    SHAHRIAR KASHANIAN | SHAHRIAR KASHANIAN
    Your contributory negligence, the negligence of the owners and operators of the premises and the nature and permanency of your injuries determine partially your entitlement to damages and amount thereof.
    Answer Applies to: New York
    Replied: 1/25/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    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.
    Answer Applies to: California
    Replied: 1/25/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim 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.
    Answer Applies to: Alabama
    Replied: 1/25/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    That would depend entirely on your injuries and the liability issues.
    Answer Applies to: Connecticut
    Replied: 1/25/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    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 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). Duration of the Injury Temporary vs. Permanent Injuries The next factor you must consider is the duration of your injury. Some injuries are temporary, others are permanent. Many injuries completely heal and resolve within months or a year. Some injuries are permanent and you still experience pain and some interference with your daily activities after you have reached MMI and have been released by a doctor. Temporary injuries might indicate a settlement on the low end of the range of settlements, whereas permanent injuries would indicate a fair settlement on the high end. An temporary injury that is severe in pain and interference with daily activities might indicate a settlement in the middle between the low and high range of settlements. An permanent injury that is moderate in pain and interference with daily activities might also indicate a settlement in the medium range. However, an injury that is severe in pain and its effect on daily activities and is also permanent would indicate a settlement in the high range. I have been mentioning low range? and high range settlements. When it comes to intangible damages, what is fair is a grey area, and there is a great deal room to argue up or down. When I speak of ?ranges, an attorney or insurance adjuster might say a particular injury has a settlement value of between $25,000 and $75,000 based on the factors I have discussed above. Temporary injuries that are moderate might indicate a settlement for intangible damages in the thousands of dollars, that is, less than $10,000.00. Temporary Injuries that are severe, or permanent injuries that are not severe, may indicate a settlement in the medium range, which could be in the tens of thousands of dollars. Injuries that are both severe and permanent could indicate a fair settlement in the hundreds of thousands of dollars and even exceeding a million dollars. Million-dollar settlements are somewhat rare. Nonetheless, multimillion-dollar settlements are not unheard of. Each case is different, and each case shoud.
    Answer Applies to: South Carolina
    Replied: 1/25/2013
    Moore Law Firm
    Moore Law Firm | Frederick J. Moore III
    This is a hard question to answer. This really depends on the injuries you sustained and the details in regards to the hazard that you fell on. If it was an apparent hazard then your case may not be worth much. We really need more details to understand the value of your case.
    Answer Applies to: Alabama
    Replied: 1/25/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    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.
    Answer Applies to: California
    Replied: 1/25/2013
    Marvin Schulman | Marvin Schulman
    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
    Answer Applies to: Florida
    Replied: 1/25/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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
    Answer Applies to: New York
    Replied: 1/25/2013
    Mike Lewis Attorneys | Mike Lewis
    Slip and fall cases are difficult to win in North Carolina under the best of circumstances. You are required to prove that the property owner either created a dangerous condition or that they knew or should have known a dangerous condition existed and failed to warn you about it. However, North Carolina also says the owner has no duty to warn you of an open and obvious danger. In addition, North Carolina still follows a rule called contributory negligence, followed in only four states, which provides that if the injured person in any way contributes to her own injury, she recovers nothing. Insurance companies almost always claim that the victim would not have been hurt if they had been paying attention to their own safety. The fact that you apparently fell in a medical facility complicates the potential claim even further. There is a distinct possibility you would have to establish that the healthcare providers fail to follow approved and accepted procedures by use of an expert witness, meaning the cost of proving your case would rise substantially. I strongly suggest you contact an experienced of attorney with the details of your accident. The attorney should provide you with a free analysis of your options.
    Answer Applies to: North Carolina
    Replied: 1/25/2013
    The Hilt Firm, llc
    The Hilt Firm, llc | Matthew L. Hilt
    It would depend upon a number of factors, such as your injury, the amount of your medical bills and lost wages, and venue.
    Answer Applies to: Georgia
    Replied: 1/25/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    What were your damages or injury? You are not compensated because you fell, but rather for the damages the negligence caused.
    Answer Applies to: Michigan
    Replied: 1/25/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    You have not provided enough information to put a dollar value on your potential claim. However, there is typically no duty on the owner of premises to warn or protect another on the premises from "open and obvious" conditions, unless there were "attendant circumstances" that would have distracted your attention. You need to get a detailed analysis from an experienced attorney in order to evaluate the facts of your case and their applicability to these legal terms.
    Answer Applies to: Ohio
    Replied: 1/25/2013
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