How much should a store compensate for a slip and fall that resulted in a fractured hip?
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How much should a store compensate for a slip and fall that resulted in a fractured hip?
Asked on May 31, 2013 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.
Your personal injury claim filed with the store's insurance carrier should include these items. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
There isn't any mathematical formula for determining compensation for pain and suffering. It just depends on the facts of the case and the information in the medical reports. There isn't any way to say you are going to receive X amount for a fractured hip; however, a fracture is a serious injury which warrants substantial compensation.
If the case is settled with the store's insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit based on premises liability against the store. If the case is NOT settled with the store's insurance carrier, your lawsuit against the store must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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