If I fell down stairs at restaurant and broke arm in 2 places, got stitches in the head and was on oxygen, what kind of settlement should I expect?

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If I fell down stairs at restaurant and broke arm in 2 places, got stitches in the head and was on oxygen, what kind of settlement should I expect?

I was in hospital for 4 days.

Asked on August 19, 2015 under Personal Injury, Nebraska

Answers:

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

Answered 9 years ago | Contributor

When you  complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  These items should be included in your personal injury claim filed with the restaurant's insurance carrier.
Compensation for the medical bills is straight reimbursement.
Compensation for pain and suffering is an amount in addition to the medical bills and is determined by the medical reports which document the nature and extent of your injury.
Compensation for wage loss is straight reimbursement.
It is not possible to determine the amount of your settlement because the above information is unknown.
If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the restaurant's insurance carrier, reject the settlement offers and file a lawsuit against the restaurant based on premises liability.
If the case is NOT settled with the restaurant's insurance carrier, your lawsuit against the restaurant must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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