Visitor Question

Permanently Disabled from Fall in Airport…

Submitted By: Jackie (Arizona)

I arrived at the airport and slipped on a substance on the floor. I tore all of the ligaments in my rotator cuff. My doctor advised that surgery nor rehab will help me regain function.

I’m 74 years old and receive social security but have to work part time to keep up with expenses.

Since my injury I have not been able to work. I’ve submitted the police report, medical records and wage loss to the insurance company and am waiting for their response.

My question is, what is a reasonable settlement offer? I can no longer do my part time job, cannot drive or even fix my hair. I realize I’m elderly, but feel this has really effected my quality of life.

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 Jackie,

Presuming the hospital’s insurance company has accepted responsibility and are willing to compensate you for your injuries, the following should occur:

1. First consult with your physician. In addition, ask her for a complete diagnosis and prognosis.

2. You will then have to approximate the total of your past, present, and future medical costs. Add to those amounts the money you have expended so far on your out of pocket expenses. Those are costs such as prescription medications, over the counter medications, bandages, and similar items of necessity.

3. Next, add up all of the wages you’ve lost so far and approximate amount you may lose in the future during your treatment and recovery time.

If your physician’s prognosis includes a restriction against doing the same type of work you were doing before the injury, and you are unskilled in other types of work, you should not accept any settlement unless it is sufficient to cover wages for an indefinite amount of time into the future. The amount of your settlement has to last!

Because of your age and limited income we suggest you seek the advice of a skilled Personal Injury Attorney. Most will not charge a fee for an initial office consultation. You will then know your rights, and the obligations the airport has to you.

If the Attorney represents you she will not charge any amount until and unless she is successful. And even then, the fee would be only 33.3% of the settlement amount, or 40% if the case goes to trial.

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: August 11, 2011

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