How much is my case worth if I had trip and fall in the common area of my apartment complex?

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How much is my case worth if I had trip and fall in the common area of my apartment complex?

There was about a 6 inch tear in the stair carpet that the heel of my shoe got stuck in. I sustained a right wrist bruising, strained ACL, bruising and possible shifting of my right knee replacement and lower back pain. I am on social security disability and have medicare which only pays 80% of my medical bills. I saw my primary care physician who took xrays and referred me to an orthopedist who provided me with a knee brace to wear. After a few days I quit wearing the brace because I was having terrible back pain. The ACL is healing and should be ok within 2 to 3 months. I do not have the money to see a chiropractor for the back pain.

Asked on January 14, 2014 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

For a definitive answer, you have to speak with a personal injury attorney who can evaluate all the specifics in detail. That said, I recently was involved in a case involving similar injuries that settled--afte three years of litigation--for approximately $17,000. In an injury case, you are entitled to your unreimbursed or out-of-pocket medical costs; lost wages--which do not appear to be a factor in your case--and often some amount of "pain and suffering." Pain and suffering is related to the degree of pain or disability and its duration. If the bulk of the injuries (e.g. the ACL) will be resolved in a few months, that typically does not support a large pain and suffering award.

 


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