April 8th 2017 7-Eleven slip and fail went to hospital was offered 3,000
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April 8th 2017 7-Eleven slip and fail went to hospital was offered 3,000
Offered me 3,000 but there is a
huge problem with 7-Eleven since
the day I fell and slipped on
water puddle the equipment that
was leaking water the water still
not been replaced or fixed which
is a complete negligent on their
part I need to know where to go
from here and like I said anyone
could have slipped and fell after
I really got hurt what TO Hospital
because I injured my back because
of they’re not taking care of the
equipment 7-Eleven is a huge
company and there’s no reason why
that equipment has not been fixed
to this day I do have pictures and
I have talked to the lawyer for
the slip-and-fall she didn’t know
about the water leak still leaking
and she said she’ll check back
with me but what do I do and what
do I say
Asked on July 1, 2017 under Personal Injury, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you want to know what to do regarding the process of obtaining a final settlement in a personal injury case and just how to clauclate whether or not such an offer is fair, here a links to 2 articles that you will find to be of help:
https://accident-law.freeadvice.com/accident-law/slips_falls/how_long_before_settle.htm
https://injury-law.freeadvice.com/injury-law/injury-law/personal_injury_value_of_damages.htm
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The fact that the leak is still leaking has no bearing on your settlement whatsoever: you are entitled to compensation for your injury and costs, but do not get anything extra because a seemingly dangerous condidtion still exists. All that matters in terms of a fair settlement are your injuries and costs.
A settlement is almost always less than you would get were you to sue in court and win, because that is the other side's incentive to settle, rather than fighting matters to out in court: to save money. (Your incentive is to get the money faster, without having to bear the costs of litigation, and without risk--since if you go to trial, you could lose [no case is *ever* certain to win, and do not trust any lawyer who tells you otherwise]).
The most you could get would be the sum of:
1) Your out-of-pocket (not paid by insurance, etc.) medical costs--including provable future costs, such as for follow-up treatment or physical therapy;
2) Lost wages, if any (if you missed work due to injury); and
3) If you suffered significant disabilty or life impairment lasting (typically) months or more, some amount for "pain and suffering"--this is a very subjective amount, but you can rough ballpark it as more-or-less equivalent to you medical costs.
If the settlement you are being offered is somewhere between 50% and 100% of the above, it is fair.
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