How much should i ask for if I fell at a casino and hurt myself?

I fell becasue the was a torn carpet on the end machine. I tripped over a chair brused my arm and leg a small rug burn on my knee and fractured my thumb. Paramedics came, took a report pictures of me and wrapped my thumb. I went to the doctor a few days later when it wasn’t felling better and has referred me to a surgeon. I’m in the process of moving and now can’t help. I have to hire someone because it’s very painful.

Asked on July 13, 2017 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is not possible to determine how much compensation you should request until 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 treatment where no further improvement is anticipated. 
At that time, obtain your medical bills, medical reports and documentation of wage loss. Your personal injury claim filed with the casino's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursment.  The medical reports will document 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 your injuries.  If you fully recover from your injury, you will receive less compensation than someone who has residual complaints after completing treatment.  Also, does the medical report state that you will need future treatment and the estimated cost of that treatment? This would be another factor to consider in determining compensation.
If the case is settled with the casino's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the casino's insurance carrier, reject the settlement offers and file a lawsuit against the casino based on premises liability.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
If the casino is owned by an Indian tribe, they have their own rules and laws.  Don't miss any of their filing deadlines or your claim will be denied and you may lose your right to file a lawsuit.
 


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