Visitor Question

Back Injury From Slip and Fall 2 Years Ago…

Submitted By: Deitrick (Danube, MN)

In December of 2009 I slipped and fell on icy stairs outside of my apartment which resulted in a permanent injury to my facet joints in my back. I’ve had nerve problems and now I also have depression due to all the pain and resulting difficulties I’ve had due to this injury.

I’m wondering how much I can get for a lawsuit payout? I was unemployed at the time but can’t work now because of it. I applied for Supplemental Security Income (SSI) due to my back and other unrelated injuries. What do you think about my case?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Deitrick,

The amount of a “lawsuit payout” is almost always based upon the amount of medical bills incurred by the victim.

There are additional factors such as a victim’s out of pocket expenses, such as prescription medications as well as over the counter aids. Add to that an amount for the lost wages incurred during treatment and recovery.

Once all of those are combined a determination of compensation can be made.

The traditional manner of assessing amounts for pain and suffering is to take the total amount of medical bills and to multiply them by at least 3x. It is very difficult to assess the total amount of a lawsuit payout without more information about the issues of liability, or contributory negligence.

The matter of insurance policy limits also comes into play.

A good starting point is to separate your medical bills and multiply them by 3x, 4x or even a higher multiple. Take that amount and demand compensation for it.

If you are represented by an attorney you should completely rely on her advice and counsel. If you aren’t represented by an attorney you might give serious consideration to seeking one out for the advice and counsel so important to the settlement of your case.

Most attorneys will not charge for an initial office consultation.

When you visit with one or more you will be able to lay out all your information. Once you have visited with several of them you should be in a much better position to make a formal demand and in what amount that demand should be.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 8, 2011

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