Settlement for fractured teeth caused by fall on business property?

by Jennifer
(Rochester, NY)

I tripped in a business parking lot due to a poorly placed display. As a result, I scraped my knee and hands, fractured my two front teeth, and I broke my cell phone. The teeth had to be removed and I now require implants. The business insurance company paid for my cell phone.

Lots of preparation had to happen before my mouth was suitable for the implants. It has been a year since the accident happened. So for a year I have been missing my two front teeth. The businesses insurance company has paid all my dental bills directly. However my case will be closed soon and I still have the MAJOR procedures to occur.

I have no idea how much pain and suffering they will entail, but the adjuster has already told me that he plans on me having a pain and suffering award. How much should it be and how do I determine future pain and suffering?

I don't have lost wages, but I have missed family outings because I couldn't eat the food they had planned. Also I was severely bruised for one procedure and anticipate even more bruising on my future treatments. This caused me major discomfort going out in public for a few days. What is a reasonable settlement? Any other tips? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Settlement for fractured teeth caused by fall on business property?":

Jennifer (Rochester, NY):

The amount of compensation you can expect to receive will primarily be based on your "damages." In your case, damages can include the amount of your dental bills, out-of-pocket expenses (for such items as medications), and for your pain and suffering.

From the limited facts you present, it is difficult to estimate a fair settlement amount, especially an amount for pain and suffering. Due to the severity of your injury, you would be best served by consulting with a personal injury attorney. The attorney will need to review your x-rays, dentist narratives, prognosis, continuing treatment, and more.

Fortunately, most personal injury attorneys do not charge any legal fees for initial office consultations. Make appointments with several different attorneys. Bring along to the appointments copies of your dental bills, receipts for out-of-pocket expenses, and any other documents related to the injury.

After reviewing the documents and asking you related questions, the attorneys will be able to give you a better idea of the amount of compensation you can expect to recover.

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

Best of luck,

Judge Calisi

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