How much should I ask for?

Asked over 1 year ago - Bronx, NY

I had a slip and fall on ice in front of a 1 family private house which resulted in a sprained wrist , sprained knee , and lower back pains . I went to the doctor and have been told the estimated cost for the exam and x - rays ( if i want an x - ray ) will cost about $ 2000 . i work as a dog walker and will probably lose out on 1 or 2 weeks of work because of having to stay off of the injury which is about $ 500 - 1000 . It seems most attorneys aren't interested unless something is broken . How much should I ask for if I cant get an attorney interested in this as it's considered small ?

Attorney answers (10)

  1. Eric Edward Rothstein

    Contributor Level 20

    11

    Lawyers agree

    Answered . If this is a one-family house in NYC then the City is still responsible, not the homeowner. You need to serve a Notice of Claim on the City within 90 days of the fall. More likely than not the City will ignore you and you will have to sue within 1 year and 90 days of the accident. Unless you have big injuries it won't be worth it. The exception to the above is if the homeowner shoveled the snow and made things worse.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Michael J Palumbo

    Pro

    Contributor Level 19

    11

    Lawyers agree

    Answered . You are correct most lawyers are not interested unless there is a broken bone. So if you can find out who has the liability insurance on the property, contact them, and make a claim for your out of pocket, lost wages, and pain and suffering. If you cannot do that sue the homeowner in small claims court for the maximum amount allowed. Best of luck!

  3. Jayson Lutzky

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . Most personal injury lawyers do a cost benefit analysis to try to determine the amount of work plus expenses versus the likelihood of winning times the anticipated amount of the recovery. If the numbers do not add up we turn cases down. You have a limited injury and unless there is a serious injury (an operation or a fracture or a substantial loss of income with medical treatment) than it is not financially worthwhile for the lawyer to undertake the action. Also, it depends on whether the city or the private landlord is responsible. Good luck in trying to either find an attorney or obtaining a reasonable settlement. How much it is worth depends on the medical records, and your lost wages and expenses versus how reasonable the insurance company or the city of New York is.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. Craig A. Post

    Contributor Level 17

    8

    Lawyers agree

    Answered . The biggest problem I see with your posting is that your damages are uncertain and you have very limited out of pocket expenses and no loss of income. You'll never find a lawyer to even look at your case if your injury goes undiagnosed. That you "may" lose time from work or that an x-ray "may" cost a certain amount is meaningless in a personal injury setting. If you want to be taken seriously by a lawyer or the homeowners insurance company, you at least need to know the extent of your damages.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  5. Yefim Rubinov

    Contributor Level 17

    7

    Lawyers agree

    Answered . When did this happened?

  6. James D. Kiley

    Contributor Level 13

    6

    Lawyers agree

    Answered . I think your larger problem is liability. In NYC, the owner of a one family home ( if occupied by the owner) owes no duty of care to third parties for injuries on the public sidewalk. There might be fact specific exceptions to this, in situations where the adjoining homeowner engaged in a cleanup and affirmatively created or worsened the condition. Very difficult case. Its the City's sidewalk and you cannot prove liability against the City without evidence of prior written notice of the dangerous condition which, in the case of snow and ice, is virtually never. Again, under certain facts, the City can be liable where it undertook to remove snow and created a dangerous condition. No significant damages and weak case on liability means you'll probably have a hard time finding an attorney to take the case. In that event, its worth whatever your able to get.

    My firm is a second generation family firm successfully handling personal injury and medical malpractice cases... more
  7. David B Pittman

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Yes, I would consult a local attorney ASAP

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Best bet is to call one of the lawyers in your state who answered above to investigate. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. Andrew Daniel Myers

    Contributor Level 20

    5

    Lawyers agree

    Answered . Snow and ice injury cases present challenges.

    I defer entirely to the good New York attorneys who have responded to your question because they are experienced and because these cases depend heavily on state law and the intricacies of the facts of your case. My contribution is the link below to an article on the challenges raised in snow and ice injury cases: [Blue Link Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  10. Joseph Gerard Dell

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . Why was there ice in front of the home? What caused the ice to be present? Is there a least that drains onto the walkway? Did they shovel and leave piles of snow that melted and re froze? In New York single family homeowners are exempt from liability under the administrative code unless they use the home for a commercial purpose or created the condition. Take photos of where you fell and the frontage of the home and walkway. Call a lawyer. A bad sprain may be more long lasting then a fracture.

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