Visitor Question

What is a fair settlement for a leg fracture in a slip and fall?

Submitted By: Amanda (Kansas)

I was going to a new job the day before I was officially scheduled to work and fell in the parking lot. The parking lot was one big sheet of ice from an ice storm 2 days prior.

I had a compound tib/fib fracture. After a lot of discussion, the hospital covered my medical expenses under their liability insurance not workers comp since my official first day was scheduled the day after the fall.

I am looking to settle but unsure what is a fair amount. It will be 3 years since the accident.

I had surgery to put a rod in my tibia and the doctor did not touch my fibula during surgery. My fibula is still not healed and still causes pain from time to time. My legs are different lengths now and that causes pain in one of my hips sometimes.

I was out of work for 3 months. What is a fair settlement? Thanks.

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 Amanda,

A fair settlement is based upon the amount of your medical bills. As a general rule of thumb, you should take your medical bills and multiply that by 4-5x.

You will need the original bill, not one reduced by insurance or write-offs because the party against whom you have filed suit does not get the benefit of payments made by a collateral source.

Next, you want to add to the above-listed figure your wage loss and out-of-pocket expenses. This will give you a number that is a good starting point for settlement.

Be advised that very few cases settle with this first demand. You will likely receive a counter-offer and go back and forth until you reach a happy medium.

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 6, 2010

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