Visitor Question

Fair settlement for back injury from fall in parking lot?

Submitted By: Jennese (Dallas TX)

I fell in grocery store’s parking lot and was flipped by the cart. There were several holes in the lot and my cart got stuck and flipped me over. The store already accepted liability and we are in the process of settling.

They want to know how much I am asking for and I do not know. I have lumbar injuries and need therapy and injections, possibly surgery. I have constant pain. How do I determine what is a fair amount? My insurance has paid $2,100 already. Thank you for any direction you can give here.

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 Jennese,

Jennese (Dallas TX) :

Do not agree to settle your injury claim until your doctor says your injuries are fully healed, or that you have reached a level of maximum medical improvement where additional treatment will not significantly improve your condition. Until that time there is no way to tell what your future medical bills and related damages will be.

If your injuries are more serious than “soft tissue” injuries, then you would be best served by seeking the advice and counsel of a personal injury attorney. Most injury attorneys will not charge for an initial office consultation.

Soft tissue injuries include damage to muscles, ligaments and tendons throughout the body. Soft tissue injuries can result in pain, swelling, bruising and pain and discomfort.

Proving soft tissue injuries can be difficult. Because insurance companies often take the position that victims are exaggerating the extent of their soft tissue injuries, it is important you thoroughly document your injury to support your insurance claim.

In the event your injuries are soft tissue, you can probably continue to handle your own insurance claim. While there is no exact method of determining the amount of compensation a victim should demand in a soft tissue claim, an oft used method is to multiply a victim’s medical bills by anywhere from 1½ to 3 times.

In your case, until such time as you know the extent of your medical bills and related damages, you are not in a position to make a demand for 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: December 16, 2015

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