Visitor Question

Sprained foot and torn ligaments from tripping over a pothole…

Submitted By: Cathy (Naperville, IL)

I was walking to my car and tripped over a pothole in the walkway behind my garage. I notified the Homeowners Association the same day. I had sent them an email about 2 months prior with pictures of the potholes asking them to be repaired. Now I’m dealing with the claim adjuster from the Association’s insurance company.

I have a severely sprained foot and torn ligaments. The Orthopedic Doctor said I will not have to have surgery, however I have not been able to put any weight on my foot for 6 weeks and it may be another 6 weeks before I can walk on my foot.

I did lose about 5 days of pay from work so far, along with the therapy sessions 2 times a week for about 2 hrs each visit. Should I hire an attorney? If I don’t hire an attorney, what kind of compensation should I ask for? Is there anything I need to watch out for when dealing with the Association’s insurance company? 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 Cathy,

If your therapy was primarily chiropractic you may have a difficult time convincing the insurance company to fully compensate you.

In many cases, insurance companies consider chiropractic therapy as less credible than medical treatment. As a result, you must be careful about the extent of your chiropractic care. While most chiropractors are honest, there are some who have a habit of prolonging therapy in an effort to increase the amount of profit they make from a referred patient.

Many insurance companies have sophisticated programs like Colossus to calculate the amount of compensation for specific injuries, including the amount of medical treatment and therapy required. Unfortunately, individuals representing themselves must often rely on a multiplier effect.

In your case a reasonable demand for settlement would be at least two (2) times the amount of your medical and therapy bills combined, plus lost wages and out-of-pocket expenses.

While it’s always a good idea to visit with several personal injury attorneys, this is the type of injury claim you may be able to handle yourself.

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 27, 2016

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