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

Asked about 1 year ago - 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)

  1. Anthony A. Ferrante

    Pro

    Contributor Level 15

    17

    Lawyers agree

    Answered . 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... more
  2. Michael Anthony Donlon

    Contributor Level 11

    14

    Lawyers agree

    Answered . 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... more
  3. Joshua D. Gropper

    Contributor Level 6

    12

    Lawyers agree

    Answered . 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 While an unaccepted offer may be withdrawn, as a practical matter this is rarely done.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!

  4. Eric Edward Rothstein

    Contributor Level 20

    12

    Lawyers agree

    Answered . 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... more
  5. Gregory Scott Gennarelli

    Pro

    Contributor Level 14

    12

    Lawyers agree

    Answered . 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.... more
  6. Jeffrey Mark Adams

    Contributor Level 20

    11

    Lawyers agree

    Answered . 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... more
  7. Benjamin M Pinczewski

    Pro

    Contributor Level 9

    10

    Lawyers agree

    1

    Answered . 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.

  8. Daniel Nelson Deasy

    Contributor Level 20

    11

    Lawyers agree

    Answered . 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.... more
  9. Michael J Palumbo

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . Run these questions by your lawyer.

  10. David Ian Schoen

    Pro

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . 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.

  11. Abraham Jaros

    Contributor Level 8

    5

    Lawyers agree

    1

    Answered . 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... more
  12. Kenneth Alan Wilhelm

    Contributor Level 8

    5

    Lawyers agree

    Answered . 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..

  13. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.

  14. Michael Wayne Goldstein

    Contributor Level 9

    4

    Lawyers agree

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

  15. Mitchell Jan Birzon

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . 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.

  16. Michael R Varble, Esq.

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . 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... more
  17. Michael Jon Rosenblatt

    Contributor Level 4

    3

    Lawyers agree

    Answered . 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.

  18. Brian C. Pascale

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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... more
  19. Michael A. Rose

    Pro

    Contributor Level 7

    2

    Lawyers agree

    Answered . 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

  20. Michael Lewis Eisner

    Contributor Level 11

    3

    Lawyers agree

    Answered . 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.

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury lawsuits

Personal injury lawsuits allow an injured person to seek compensation for the injury, either by court decision or through a settlement.

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