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Broken Ankle from Slip and Fall incident requiring surgery with screws and plates. How much is my claim worth?

New York, NY |

Broken Ankle from Slip and Fall incident. The insurance company offered me a settlement but I do not want to accept since it is only half of the Homeowners policy limit and I feel I deserve the max. How much is this claim worth and what will happen if i do not accept the offer and take it to trial. Can I receive less than the original offer?

Attorney Answers 20

Posted

and you don't value the opinion of your attorney; why may I inquire?

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Posted

Lots I hope. Assuming someone was to blame! Talk to a personal injury attotney about the possibilities!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

Your injury is significant but you mentioned nothing of the liability. In other words - what caused you to fall?

I am sure that your attorney has offered you an opinion. And that person is in the best position to answer. What do they say?

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

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17 lawyers agree

Posted

A broken ankle is a severe and painful injury. In order to properly evaluate your claim knowledge of medical expenses, lost wages and life circumstances must be considered. Moreover, the strength of your case on the issue of negligence will either bolster or break your case ; i.e., as the evidence on negligence increases so to does the value of your injury claim increase. As for trial, anything can happen. Best of luck.

I am not familiar with the circumstances underlying this particular incident. Please be advised that the foregoing is not legal advice and in no way constitutes the formation of an attorney-client relationship. Do not take action based on the above. Do consult with an attorney in your area as soon as possible. If you are in New York State contact me directly at (607) 936-8057.

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14 lawyers agree

Posted

There is not enough information in your question to evaluate your case. You should speak with a lawyer for sure. While an unaccepted offer may be withdrawn, as a practical matter this is rarely done. Good luck!

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12 lawyers agree

Posted

It depends on the liability and your prognosis. It's a six figure injury. The carrier will likely take advantage of you if you don't have a personal injury lawyer.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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12 lawyers agree

Posted

Your case could be worth a lot, or it could be worth nothing. A lot depends on the specific facts you your case. There are 2 parts to every case, liability and damages. In order to recover damages for your pain and suffering, you must first prove that the defendant is at fault. If you can't do that, your case is worth little or nothing. Even if you can prove the defendant is at fault, they will still argue that you share fault (comparative negligence) for not looking where you were going,failing to see something open and obvious, etc. A jury will be asked to determine what percentage each of you is at fault. If they are 100% at fault, which is rare in a slip and fall case, you can recover the full value of your injury. If a jury says 50/50, you recover 50% of any award. If it says10/90, you only recover 10% of the award. Thus, anything can happen if you go to trial. You might get more, you might get less, or you might get nothing. You should discuss with your lawyer a reasonable amount to settle your claim and your tolerance for risk if you want to go to trial. Another consideration, depending on the case and available insurance, is the added trial costs and the chance that an appeal could delay payment. Therefore, you need to weigh whether you want guaranteed money now, or the potential for more later. Talk to your lawyer.

New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising

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12 lawyers agree

Posted

I imagine you have a lawyer who is dealing with the insurance company on your behalf. Big error people make ( even some lawyers ) is they evaluate a case on what the policy limits are. A case has a value based on injury, liability, lost wages, permanency, impact on life and activities etc. It is irrelevant to value a case or an offer based on the policy limits. Alos first offers are rarely final offers. You give us little information regarding liability , lost wages, permanency and whether other sugeries are contemplated. How can anyone other than your lawyer evaluate this claim? Talk to him , believe me no one except for you wants a bigger recovery than he does.

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1 comment

Andrew Lawrence Weitz

Andrew Lawrence Weitz

Posted

Mr. Pinczewski offers wise counsel. you don't specify any facts about liability, how the accident happened, nor do you really describe your injury well. is it a tibia/fibula fracture? is it a bimalleolar or trimalleolar fracture? what kind of hardware do you have? does your surgeon intend for the hardware to bd permanent? how long were you out of work? what kind of medical expenses are you faced with? are there any liens against your case? there are other questions, too, that Mr. Pinczewsk, or others here on Avvoi can help you with, but you will want to check with the lawyer you retained as your counsellor.

Posted

Run these questions by your lawyer.

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8 lawyers agree

Posted

A plethora of factors go into putting a number on a case, and without a lawyer to work it up, you'll likely get 1/10th the true worth.

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6 lawyers agree

Posted

It appears from your question that you are not represented be an attorney. This is a BIG mistake and ultimately could prove fatal to your claim. It also appears that a law suit has not been commenced yet. There are many pitfalls that you will face including the insurance company dragging out negotiations until the statute of limitations had run. You do not indicate anything about the facts of the fall so it is impossible to assess the strength of your claim. However, if the insurance company has already offered 1/2 the policy limits indicates that there must be a viable claim. Here again, you run the risk of not finding out if there are additional coverages that may apply in this situation. If, in fact, you are forced to start a claim there will be many obstacles to overcome and pitfalls that you need to avoid. In short, if indeed you do not have an attorney, you need to immediately consult with an experienced NY personal injury attorney to guide you through this process.

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6 lawyers agree

Posted

Discuss with your accident lawyer.
If you don't have a lawyer call my office or one of the other Avvo lawyers

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4 lawyers agree

Posted

It is not possible to answer this question without knowing more details 1) how bad your injury was and did it have any residual effects 2) what was the liability? Why did you fall? 3) how much is the policy?
You really should consult with a personal injury lawyer with experience in this area. MOst lawyers will give you a free consultation.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Prior results do not guarantee a similar outcome.

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5 lawyers agree

Posted

We would not be able to place a value on your case until we had more information about your injury and the cause of your incident. You always run the risk of an insurance company withdrawing the offer but my firm practices the art of negotiation on the way to trial and never shies away from going to trial with the right case. Our best advice would be to contact an experienced personal injury lawyer right away so that they can evaluate your case and help you make decisions..

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5 lawyers agree

Posted

It is not reasonable to believe that an insurance adjuster would ever offer you full value for your injuries. I cannot intelligently comment on the value of your case without knowing everything about how you broke your ankle, your age, loss of income, medical prognosis for a complete or less than complete recovery, medical liens, future medical expenses, loss of enjoyment of activities that you can no longer do,meta,etc. you also need to obtain an affidavit regarding all insurance coverages available to you such as whether the property owner had an umbrella policy which provides additional insurance coverage opportunities for you. Before you decide anything,mi urge you to speak with an experienced personal injury attorney before deciding what you do.

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4 lawyers agree

Posted

Yes you can receive less than the original offer. As for value, there is a lot of information that goes into this calculation and you don't have enough in your post to completely evaluate the claim. Your future medical treatment is one important factor. The degree of disability if any is another factor. However, there are many other issues you have to consider when placing a value on a case. You should consult a reputable personal injury attorney if you have doubts about your current lawyer.

The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.

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4 lawyers agree

Posted

To properly evaluate you need to assess liability and damages. To do properly need to see police report witness statements, incident reports and all your medical reports, age, employ status, job, lost time etc. Get my point?
. I recommend you have an attorney properly represent and evaluate your claim. Anyone answering without this information (and more) is not properly evaluating your case.

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3 lawyers agree

Posted

Two things are missing from your post. First, what caused you to fall? Second, what the policy limits that you find too low? While I understand you may believe you deserve the maximum of the policy, there could be an issue as to liability. If you were partly at fault then that could be a factor in the settlement. You also did not mention whether this was what carrier is saying is the a final offer. If negotiations have just begun then I would say you are off to a good start depending on what the offer is.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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2 lawyers agree

Posted

It is impossible for any attorney to accurately value a case without all of the facts, including a full review of the damages and medical documentation. I suggest you immediately consult with a personal injury lawyer who practices in the location where this incident happened.

The answer to your last question is: it is always possible that a jury will award less than the offer in any case, or even find for the other side. When you consult with a lawyer, he/she should be able to explain the risks and benefits of continuing the case v. settling. Good luck.

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3 lawyers agree

Posted

I have yet to see in unrepresented client receive "fair value" on a claim without representation. There are many factors to evaluate the proper amount a case is worth including permanency of the injury, economic damages and both past and future medical care costs. Without knowing these details it is impossible to determine value. Unless the statute of limitations is a concern you should speak with a qualified attorney. Michael A. Rose

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2 lawyers agree

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