What is the usual settlement for a trip & fall, broke both arms, over $100,000.00 in medical bills? 19 Answers as of January 06, 2014

I broke my left elbow in left arm, broke right shoulder, surgery, physical therapy. Hotel admitted fault.

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Kirby G. Moss PC | Kirby G. Moss
It is impossible to say a "usual settlement" as each situation is unique with its own facts, such as actual paid medical bills, lost earnings, prognosis,etc. However, given these facts, it could be significant and you should seek counsel as the Statute of Limitations is 2 years from the date of the fall.
Answer Applies to: Indiana
Replied: 1/6/2014
Goldstein and Peck. P.C.
Goldstein and Peck. P.C. | William J. Kupinse, Jr
There are a number of questions on this site which ask for evaluation of a claim. How much one should or will receive as a result of a legal claim for personal injuries or other damages depends upon a number of factors which should be discussed with an appropriate lawyer. The above is an answer to a general legal question and should not be considered as legal advice on your specific issues; nor does the answer constitute representation of you for any purpose.
Answer Applies to: Connecticut
Replied: 1/3/2014
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
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.
Answer Applies to: New York
Replied: 1/3/2014
Law Offices of George H. Shers | George H. Shers
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.
Answer Applies to: California
Replied: 1/3/2014
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
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.
Answer Applies to: Iowa
Replied: 1/2/2014
    Pius Joseph A Professional Law Corp. | Pius Joseph
    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.
    Answer Applies to: California
    Replied: 12/31/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    There is no "usual settlement" in personal injury cases. Evaluating a personal injury case is like evaluating an antique painting or other work of art. Every case is unique in its own way. There are way too many factors to consider: the circumstances of the accident; the severity of the injuries and medical treatment, any lost earnings; impairment, chance of future medical expenses or impairment, the jurisdiction in which the accident happened, (just to name a few). I do not know if you have a lawyer or not, but this decision is something to be made between the both of you. If you do not have a lawyer, then I would say your case is worth whatever the insurance adjuster says it's worth. That is because you have no means of enforcing your rights in the event you do not agree with the adjuster's evaluation. Another thing you have to consider is that you might have hospital liens, health insurance liens, Medicare, Medicaid, etc. All these people are going to seek some form of reimbursement and you probably do not know how to "keep their hand out of the cookie jar.
    Answer Applies to: Texas
    Replied: 12/31/2013
    Jefre S. Goldtrap
    Jefre S. Goldtrap | Jefre S. Goldtrap
    First if you are represented listen to your lawyer. If you are not slip and falls are very difficult to prove. If the defendant has admitted liability they that is good for you. There is no "usual" settlement, each case is unique. In damages look not only to medical costs but chances for long term injury or return of pain, suffering or surgeries due to the damage. Get a lawyer.
    Answer Applies to: Tennessee
    Replied: 12/31/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    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.
    Answer Applies to: North Carolina
    Replied: 12/31/2013
    Caldwell Law Group, PLLC
    Caldwell Law Group, PLLC | Christopher Caldwell
    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.
    Answer Applies to: Idaho
    Replied: 12/31/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim 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.
    Answer Applies to: Alabama
    Replied: 12/31/2013
    LAW OFFICE OF DAVID A. KUBAT
    LAW OFFICE OF DAVID A. KUBAT | DAVID A. KUBAT
    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.
    Answer Applies to: Washington
    Replied: 12/31/2013
    Ann Thoeny | Ann Thoeny
    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.
    Answer Applies to: Washington
    Replied: 12/31/2013
    End, Hierseman & Crain, LLC | J. Michael End
    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.
    Answer Applies to: Wisconsin
    Replied: 12/31/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    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.
    Answer Applies to: Idaho
    Replied: 12/31/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    It is variable depending on a number of factors including permanent impairment rating and the facts leading to the accident. It could be a resolution in the range between 500,000 to $1,000,000 or more if it went to trial.
    Answer Applies to: Connecticut
    Replied: 12/31/2013
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    There is no "usual settlement" for such a claim. The value of a claim depends upon many factors, e.g., the nature of the accident, the actual injuries received, review of medical records and bills, issues of loss of earnings and ability to work as before the accident, and many other factors. After reviewing the pertinent information and records an assessment as to value can be made.
    Answer Applies to: California
    Replied: 12/31/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    The exact facts of your case, including detailed medical information, are necessary to ballpark settlement value. Even then, there is no formula to determine case value. The best you can hope for is a settlement range based upon the facts of your case. You should contact an personal injury lawyer to dig deeper into this.
    Answer Applies to: Iowa
    Replied: 12/31/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    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.
    Answer Applies to: Michigan
    Replied: 12/31/2013
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