How do you determine the value of a slip and fall?

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How do you determine the value of a slip and fall?

I had an ACL tear, MCL tear, torn meniscus and 3 herniated dics. I had surgery and lost employment. I’m married with 2 kids and lost the ability to run regularly. Additionally, I have permanent numbness on them front part of my knee. Should i speak with a personal injury attorney? In Queens County, NY.

Asked on June 27, 2011 under Personal Injury, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When you are released by the doctor after completing your medical treatment or have been declared by the doctor to be permanent and stationary, which means that no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss. 

Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is also straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.

There isn't any mathematical formula for placing a dollar value on your case when you submit the medical bills, medical reports and wage loss to the insurance carrier for the place where the slip and fall occurred. Since you have residual complaints of permanent numbness and loss of the ability to run, you should receive additional compensation than you would receive if you did not have these residual problems. To determine compensation for pain and suffering, I would ask for quadruple the total medical bills, but NOT expecting to receive this amount.  This would be a starting point in settlement negotiations with the insurance company.  The insurance company will respond with a lower amount and you can continue negotiations to try to get the insurance company to increase their settlement offer.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit for negligence against the establishment where you slipped and fell.  You will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If the case has been settled, no lawsuit is filed.  If the case has not been settled and the statute of limitations is approaching, file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

It would be advisable to speak with a personal injury attorney.

 


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