What is a fair amount for my settlement? 30 Answers as of September 24, 2012

Went to buy a Pizza at a famous Pizza chain store, a florescent lamp fell from ceiling, and broke my toe. I was bleeding, and the girl over counter just gave me some paper towels, manager came up front, did not know what paper work she needed to fill out, told me to come back, when another manager would be there, no offer to call abulance, or nothing. Later, I went to ER I had a broken Toe, had a boot cast for 3 months, and now my Toe is deformed, could not work for weeks. What would be a fair settlement?

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
There is no "magic formula" to determine the value of a case. Each case is different and dependent on its own facts. There are a number of different factors that determine how much money you are entitled to, including, but not limited to: whether an injury is permanent; how the injury affected you while you recovering; medical expenses; lost wages; pain and suffering; and inconvenience. If an injury is permanent, you are entitled to money, if applicable, for these items in the future as well. You calculate future damages ("money") based on projections/ estimates and your life expectancy. I cannot answer your question ("What is a fair amount for my settlement?" without a lot more information about the items set forth above. I would suggest contacting a personal injury attorney to discuss your case. Most offer a free initial consultation and you can get more information about the value of your case.
Answer Applies to: Nebraska
Replied: 9/24/2012
Law Office of Melvin Franke | Melvin Franke
Total up your damages and multiply by six.
Answer Applies to: Missouri
Replied: 9/19/2012
Mosley, Engelman & Jones, LLP
Mosley, Engelman & Jones, LLP | Britany M. Engelman
Sounds like a strong case for premises liability. You should consult with an attorney as soon as possible to help maximize your recovery.
Answer Applies to: California
Replied: 9/19/2012
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You won't retire on the amount of money you will probably get. I think that your lawyer would be the best source of information, because the lawyer knows the entire case, and little things can change the value. For example, are you a "good witness?" Do you have prior injuries, prior suits, or a criminal record? There is a lot more than that involved in evaluating an injury case.
Answer Applies to: Michigan
Replied: 9/19/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
HIRE AN ATTORNEY. I had a similar case. I got $15,000 where a light fixture fell on my client's head. Now, it's your toes . . . but same theory.
Answer Applies to: Michigan
Replied: 9/19/2012
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    It will depend on assessment of damages.
    Answer Applies to: Wisconsin
    Replied: 9/19/2012
    Michael L. Dworkin and Associates | John T. Van Geffen
    Depends on a couple things, including medical bills, lost income and the degree of pain and suffering, etc. To make the process easier, request a copy of their insurance policy so you have a better idea as to what you are entitled to without having to file a lawsuit.
    Answer Applies to: California
    Replied: 9/19/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    It is impossible to give you an accurate figure without more inquiry. What are your medical bills? Do you have any physical limitations still? Did you need treatment after the boot was removed? Did you have lost wages while you were out and if so, for how much? The deformity - is this documented by a doctor? Is there anything that can be done?
    Answer Applies to: Massachusetts
    Replied: 9/19/2012
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Consult with and/or retain a plaintiff's accident or personal injury lawyer for specific legal advice which should include a complete evaluation of your case and an initial fair settlement offer.
    Answer Applies to: Indiana
    Replied: 9/19/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidenciary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. 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 settlement in your case
    Answer Applies to: New York
    Replied: 9/19/2012
    Gebler & Weiss, P.C. | Jerrie S. Weiss
    It will all depend on what your out of pocket medical expenses are and the amount of your lost earnings. You should contact an attorney in your area to help you. You will get much more in settlement if an attorney is handling it as opposed to trying to handle it yourself.
    Answer Applies to: California
    Replied: 9/19/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Unfortunately, I do not have enough information to do a proper case value evaluation. There are several factors that I must need to do a proper assessment. Please contact an attorney.
    Answer Applies to: Louisiana
    Replied: 9/19/2012
    Downriver Injury and Auto Law | Michael Heilmann
    $75,000 if it heals well.
    Answer Applies to: Michigan
    Replied: 9/19/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Ask your attorney. Go to law library and read jury verdicts. Not enough information here to make a guess.
    Answer Applies to: California
    Replied: 9/19/2012
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    A fair settlement depends on several things: the amount of your medical expenses, your loss of income, what expenses you incurred because of your injuries (a care giver, special equiptment, someone to clean your house because you couldn't do yourself, what activities you could not engage in., how much you suffered. Because the insurance company has an expert on their side you NEED an expert on your side. You will get a better resolution of your case if you have a lawyer on your side. Most lawyers will work for you on a contingent basis meaning that their attorney fees will be paid from the money that they get for you from an insurance company...no out of pocket expenses that you would have to pay. Talk to a lawyer! It's usually free!
    Answer Applies to: California
    Replied: 9/19/2012
    Mike Yeksavich | Mike Yeksavich
    There is no set amount for a settlement.
    Answer Applies to: Oklahoma
    Replied: 9/19/2012
    Victor Varga | Victor Varga
    There is no way to tell from just an email...every case is different and fact specific.
    Answer Applies to: Maryland
    Replied: 9/19/2012
    Pingelton Law Firm | Dan Pingelton
    Get a lawyer or you WON'T get a fair settlement.
    Answer Applies to: Missouri
    Replied: 9/19/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    There are a variety of factor needed to properly respond not herd. First liability will likely be disputed. You must prove the owner should have know the light would fall and had time to fix it. Also I would need to know the amount of medical bills, impairment rating, evaluate the deformity etc. You should contact an attorney for a free consultation.
    Answer Applies to: Connecticut
    Replied: 9/19/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    There are too many unknowns to answer your question. You should contact an attorney.
    Answer Applies to: Michigan
    Replied: 9/19/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Always depends on the facts of your case. what were your medical bills? what did the dr say? What does he say about deformed toe? Anything? See a good personal injury lawyer in your town. He will look into all these things.
    Answer Applies to: North Carolina
    Replied: 9/19/2012
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    There is no way I can give you a specific recommendation without reading your medical records and speaking with you in detail about your injury and wage loss. This is definitely a case in which you should retain a qualified personal injury attorney to assist you.
    Answer Applies to: Washington
    Replied: 9/19/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    That would be around $10,000. Consult an attorney.
    Answer Applies to: Montana
    Replied: 9/19/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    You would have the burden of proving negligence on the part of the owners of the premises. That is unlikely.
    Answer Applies to: Washington
    Replied: 9/19/2012
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    In order to discuss the value of a claim you should talk with an experienced injury attorney. The value of a case is dependent on a variety of factors. Many of these are not mentioned in your e-mail. Some of the information that is needed to properly evaluate the claims: the state and county where the incident occurred; the cost of the medical treatment; what effects the deformed toe has on your balance etc.; who the Pizza place is; whether you have any pain; whether the deformity can be fixed and if so how much will that cost; whether any of you problems are permanent; what you do for a living and the effects your injury had on those responsibilities; whether you lost any wages; whether you missed any scheduled activities while laid up for the broken toe; and lastly whether the pizza chain had any advanced warnings that the lamp wasn't secured. These are just some of the factors that should be explored. Most injury attorneys will talk to you at no charge. I would also recommend that you hire an injury attorney and let her/him handle your case.
    Answer Applies to: Indiana
    Replied: 9/19/2012
    Pollock & Associates LLC | Candice Ragsdale-Pollock, CWL
    For 1) your medical expenses; 2) loss of wages; and 3) an amount for pain and suffering, PROVIDED you can provide documentation of thr incident, its report to the Manager, a Doctor's evaluation of thr severity of injury and any subsequent permanent damage.
    Answer Applies to: Utah
    Replied: 9/19/2012
    Gates' Law, PLLC | Thomas E. Gates
    Need more information. A Demand Letter includes all medical costs, mileage, lost work time, pain and suffering and future consequences caused by injury. Retain an attorney, the insurance will try to low ball the settlement.
    Answer Applies to: Washington
    Replied: 9/19/2012
    Posternak Blankstein & Lund, LLP | Michael Eliot Rubin
    Hire an attorney is the best advice I can give.
    Answer Applies to: Massachusetts
    Replied: 9/19/2012
    Maurice L. Abarr  Lawyer, Inc.
    Maurice L. Abarr Lawyer, Inc. | Maurice L. Abarr
    I cannot give you a fair appraisal of case value without meeting you, looking at your medical billings and records, and looking at the deformity of the toe.
    Answer Applies to: California
    Replied: 9/19/2012
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