The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:
Question: I had a slip & fall which caused a broken foot. Surgery was done & 10 weeks of physical therapy. What is the usual payout on this type of lawsuit?
Answer: The value of your claim depends on many, many factors, and it would be difficult for me to even guess what your claim might be worth. The short answer is – there is no “usual payout” on an injury claim. The reason is each claim is different factually, and different in the way it affects people.
For starters, your email does not indicate in what state you live. I am a personal injury lawyer in Florida specializing in car accident claims, slip and fall claims, and workers compensation claims. If your claim occurred in Florida, my suggestion is to give me a call toll-free at (866) 556-5529 to discuss your claim in detail. Laws vary from state to state, so the law for Florida slip and fall cases may be quite different than the laws where you live.
You most likely have a claim for payment of your medical bills, and a claim for your injury and pain and suffering. Claims in Florida slip and fall cases are evaluated based upon the degree of liability that exists against the property manager, the specific nature of the injury, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future. Lost wages and loss of future earning capacity can also be recovered in Florida.
Keep in mind, at least in Florida slip and fall cases, just because a person falls on a property, it does not automatically mean the property owner or manager is responsible for injuries which result from the fall. You have to be able to prove that the property owner knew or should have known of the dangerous condition that caused the fall. Generally, a property owner or property manager only owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves. Your email does not give any details about how or where the accident occurred, so it is difficult to know whether you can make a claim.
The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. trip and fall. The attorney can advise you what the law is in your area for trip and fall accidents such as yours. Many attorneys say they do “personal injury” claims, but after asking around, you’ll find they take anything that walks in the door. Ask how many claims like yours they have handled. Ask them if they have tried any cases like yours.
You should contact an attorney soon. There are many steps your attorney should take now, i.e. notify the insurance company for the property owner, find out what types of coverage are available, including whether any medical payments coverage exists. If the accident occurred at a big box store, or large development, you’ll want to check to see whether there have been claims similar to yours that occurred at the location. There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long.
Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case. You have nothing to lose to at least speak to an accident injury lawyer to see whether you have a claim, and also get a better idea of the value of your claim.
If you are in Florida, I would be interested in speaking to you further about your claim.