What to do if I broke my ankle at my residence and I am working with my landlord’s insurance company to get compensation?

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What to do if I broke my ankle at my residence and I am working with my landlord’s insurance company to get compensation?

They’ve offered me my medical bills and wages but no pain and suffering. Should I ask for 2 times my medical bills?

Asked on April 11, 2013 under Personal Injury, California

Answers:

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

Answered 8 years ago | Contributor

There isn't any mathematical formula for determining compensation for pain and suffering.  Compensation for pain and suffering just depends on the nature and extent of your injury as documented in the medical reports.  A broken ankle should receive more compensation than a sprain as an example.  If you have fully recovered without any complications or residual problems, I would ask for quadruple the medical bills to compensate for pain and suffering, but NOT expecting to get that.  This would be a starting point in settlement negotiations.  The insurance company will respond with a much lower offer, and you can continue negotiating to try to get the insurance company to increase its offer.  If the case is settled with the landlord's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the landlord's insurance carrier, reject the settlement offers and file a lawsuit against the landlord for premises liability.  If the case is NOT settled with the landlord's insurance carrier, 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.

Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.

 


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