ANSWERS: 1
  • Estimating a settlement for injuries sustained in a trip-and-fall accident is not as easy as estimating a settlement for the same injuries sustained in an automobile accident. That's because liability is usually a cut-and-dried issue in car accidents, but not for trip-and-falls, where it is assumed the victim shares in the liability.

    Liability Issues

    The percentage of liability assigned by the insurance company will affect any settlement. If the insurance company says you are 50 percent liable for the accident, it will deduct 50 percent from the value of your claim. If your claim is worth $100,000, you would only receive $50,000. Victims can always protest the liability apportionment; witness statements and proof that the property owner knew about the hazard, but did not correct it will help your position. New York attorney Daniel Buttafuoco refutes the idea that the victim should always bear in some of the liability. On his website, he cites instances where the victim has no liability for the accident. On the other hand, some personal injury attorneys do not take trip-and-fall claims because of the liability issue. The extent of your injuries also has an influence on the settlement. If you only received minor bruises or scrapes, you should not expect to get a pot of money. Severe strains, broken bones and head injuries will add value to your claim. Doctor Settlement, a pseudonym for a Washington State personal injury attorney, explains in detail what you need to do for a successful claim on Allexperts.com. He explains the documentation you need if you're going to handle a simple claim by yourself.

    So What Is My Claim Worth?

    Each trip-and-fall accident claim is different, so there's no way to accurately predict what your claim is worth, based on factors above. Any settlement should include medical expenses, wage losses if you are unable to work and something for your pain and suffering. A good place to start is with a personal injury attorney. Initial consultations are free, so ask him what your case is worth. He should be able to give you a ballpark figure based on your injuries and medical treatment to date. Attorneys like to brag about their biggest settlements in their phone book ads and websites, so check those. For example, on his website, Attorney Buttafuoco claims he just won a $14.8 million settlement for one of his personal injury clients. You should be aware, however, that big settlements like that may be the exception rather than the rule. Another way to get an estimate is through Personal-Injury-HELP-us. Answer some basic questions about your accident, and a member attorney will respond with an estimate of what he thinks your claim is worth.

    Source:

    Daniel Buttafuoco

    Doctor Settlement

    Personal-Injury-HELP.us

    More Information:

    American Bar Association on Personal Injury

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