WHAT WOULD BE MY PAIN AND SUFFERING AMOUNT

Get Legal Help Today

 Secured with SHA-256 Encryption

WHAT WOULD BE MY PAIN AND SUFFERING AMOUNT

I WERE INVOLVED IN A ACCIDENT THAT TOOK PLACE AT AN WEDDING RECPTION AT A HOTEL, WHEN THE TABLE FELL DOWN THAT I WERE SITTING TO ON MY LEG. SENDING ME AND TWO OTHER TO THE HOSPITAL. I SUFFERED WITH A LEG CONTUSION BADLEY BURSED, AND NOW TAKING PAIN MED AS NEEDED.

Asked on May 20, 2009 under Business Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Probably close to zero.

If the hotel or its staff was negligent in setting up the table, and that was the cause of its falling and injuring you, then you may have a claim against the hotel for damages sustained. (If the table was of proper design and was properly set up, but a bunch of folks got drunk and the table fell because of a fight, it would be a much harder case -- the hotel likely would not have been negligent at all.)

Damages include easily quantifiable actual damages such as medical expenses (which if covered by other insurance, such as your health plan coverage, will be demanded back by the health plan), loss of income (if any), any extra out of pocket costs you can substantiate (such as a cab if you can't drive), such as payment for things a bit "softer" such as temporary inability to perform normal activities; and the real money damages would be if there is any long term effect, such as permanent inability to use the leg, or run, or scarring.

The "pain and suffering" piece generally is based on the total actual damages, consideration of the other damages plus recognition of the need to settle the case.

As a practical matter if you are represented by a lawyer the hotel's insurance company knows that the lawyer will have to get paid something and you have to be made whole to avoid having it incur heavy legal costs and prepare for trial and so it usually will settle the case.

So insurance companies attribute some element of damages that it will pay to "pain and suffering" and settles the case.

If you are representing yourself, the insurance company generally will give you nothing except actual damages unless there is permanent or long-term injury -- and one can think of pain and suffering as nothing other than some minor nuisance value payment designed solely to keep you from getting a lawyer.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption