What can I ask for when I file a claim with a store for a slip and fall?

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What can I ask for when I file a claim with a store for a slip and fall?

My daughter took a fall and injured her knee and is going through therapy to get movement back on it. Still unsure if she will need surgery.

Asked on December 5, 2011 under Personal Injury, California

Answers:

Russell Kohn / Kohn Law Office

Answered 9 years ago | Contributor

I recently settled a trip and fall case for $312,500.  All such cases have different values depending on the extent of the injuries and damages.  The only way to value such a claim is to look at what similar injured claimants have recovered in settlement or from a jury.  My office has access to this information.  I would like to know more about your daughter's particular circumstances.

In California, Personal injury victims can obtain compensation for both economic (special) damages and non-economic (general) damages. The former includes medical expenses, lost wages, property damage, and other calculable out-of-pocket expenses. The latter includes damages where no definite standard or method of calculation is prescribed, such as pain and suffering, loss of companionship, and other types of mental or emotional distress brought on by the accident. Additionally, payment of punitive damages may be levied against the defendant; punitive damages are intended to punish instances of gross negligence or malicious intent and to discourage future, similar wrongdoing.

Please call me to discuss your daughter's options.

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

Answered 9 years ago | Contributor

When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means she has reached a point where no further improvement is anticipated, she should obtain her medical bills, medical reports and documentation of any wage loss.  Her personal injury claim filed with the store's insurance carrier will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the  nature and extent of her injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If your daughter is dissatisfied with settlement offers from the insurance company, she can reject the settlement offers and sue the store for negligence.  If the case is settled with the store's insurance company, NO lawsuit is filed.  If the case is NOT settled with the store's insurance carrier, your daughter will need to file her lawsuit for negligence against the store prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.

If your daughter is a minor, you will need to be appointed guardian ad litem to sue on behalf of your daughter because a minor cannot file a lawsuit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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