Visitor Question

How much in pain and suffering for fall in a restaurant bathroom?

Submitted By: Anonymous (USA)

I fell in a restroom at a restaurant due to excessive water on the floor. There were no caution signs up. My grand daughter watched me fall as well as another witness.

I was taken my ambulance to the hospital and treated, the bills are about $4,000.

The insurance company representative says he did find fault with the restaurant. I have had a lot of pain in my back but probably no severe lasting injuries. How much should ask for pain and suffering? Thank you.

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 Anonymous,

There are a couple of ways to determine the appropriate amount to request for pain and suffering resulting from “soft-tissue” injuries.

Soft tissue injuries are those like yours. They usually don’t involve any broken bones, torn ligaments or cartilage, but rather are injures such as contusions, abrasions, soreness, swelling and other injuries which by themselves, and with treatment and therapy, will heal within a reasonable time.

The traditional and long-standing method of settling is to take your medical bills and multiply them by 1x to 4x or 5x, and possibly higher. Using this method is a way for the insurance company to compensate you for your medical bills, out of pocket expenses such as prescription and over the counter medications, splints, casts, etc, and your lost wages.

Because these amounts can often be speculative it is easier for the insurance company to pay the compensation for everything in one lump sum, including your pain and suffering, by multiplying your medical bills by 1x to 4x or 5x. It’s just an easier and more efficient manner to settle soft tissue injury cases.

The more modern approach to reaching appropriate settlement amounts for soft tissue injuries is for the insurance company to pay $2,000 for each month you are in treatment and therapy. For instance, if your physician prescribed 3 months of treatment and therapy then your case should settle for an amount somewhere between $5,000 dollars and $7,000 dollars. Even here reaching an agreed settlement amount is a subjective process.

It comes down to your prowess in your persuasive abilities with the insurance adjuster.

Before entering into negotiations with the insurance company be sure you have in your possession all of your costs so far. These include not only medical bills, but amounts for out of pocket expenses such as prescription and over the counter medications. Also have a legitimate and credible verification of your lost wages while treating and obtaining therapy.

Finally, before you settle for any amount be sure your medical treatment and therapy has concluded, or has reached a point where you have an idea how much more it will cost before you are discharged from treatment and therapy.

Once you have all the above information you are on your way to a proper settlement.

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: March 1, 2012

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation
array(1) {
  [0]=>
  object(WP_Term)#1835 (11) {
    ["term_id"]=>
    int(658)
    ["name"]=>
    string(66) "How to Calculate (and Increase) Your Pain and Suffering Settlement"
    ["slug"]=>
    string(10) "page_id_97"
    ["term_group"]=>
    int(0)
    ["term_taxonomy_id"]=>
    int(658)
    ["taxonomy"]=>
    string(12) "icc_qa_group"
    ["description"]=>
    string(0) ""
    ["parent"]=>
    int(0)
    ["count"]=>
    int(54)
    ["filter"]=>
    string(3) "raw"
    ["term_order"]=>
    string(3) "296"
  }
}

Leave a Reply

Your email address will not be published. Required fields are marked *