I fell and broke both of my ankles in June - was off work for 12 weeks - home bound - because I couldn't put any weight on either ankles - I'm suing the company that delivered a phone book and left right on my welcome mat ... which I didn't see when I stepped out to leave my apartment to go to work - my question is this - does anyone have any idea how much money is averagely awarded in cases like this - I missed my entire summer - was off work - got paid because I had short-term disability insurance (thank God).
Any comments would be greatly appreciated.
Thanks!
Answer by S D
Frivolous law suits should be awarded nothing your failure to look where you are walking has no one to blame but yourself.
Answer by debijs
~~If you have an attorney for the case and you opt for a settlement rather than a trial, then you should expect about 3 times the total medical and any losses out of your pocket.
If you are settling yourself, then it will be slightly lower settlement as you will not have to pay an attorney (usually around 30 percent of your settlement), so you can opt for less to compensate for this.
If it goes to a jury trial, then of course you will need an attorney, but a jury can award whatever they see fit. Can be much more or of course, less.~~
Answer by Purseaholic
You may have a tough case to win, just because you fell over a phone book on your porch does not make a good liability case. However, should you have a case, you would be entitled to lost wages, medical costs, and some pain and suffering, however it will not be the amount you think it would be. Another thing you need to remember is the insurance company that paid all your medical bills will certainly file a lien for the amount they paid on your behalf and possibly the short term disability carrier. They will be entitled to their portion first. If you keep the money, be prepared for a lawsuit in the future if your medical insurance carrier sees you received a settlement from a third party and did not pay them back. Perhaps a few thousand for punitive damages.
But back to the initial injury, if you tripped over your morning newspaper that was on your welcome mat, would you sue the newspaper?? Your best bet is to discuss this with a personal injury attorney. It will not cost you anything, to see if you even have a good case. They attorney can get more of a settlement then you would on your own.
Answer by mbrcatz
I'm guessing that you won't get much at all. Although you didn't put the phone book on your mat, that's not exactly "negligence". I think you're going to have to talk to your attorney, and ask what they think. Me, if I was on the jury, I"m not sure you'd get any medical payments, either. I just can't see running out a door and breaking both ankles. I'm just not seeing that scenario.
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Orignal From: Personal Injury Insurance Settlement?
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