How much should I ask for pain and suffering of broken tail bone due to slip/fall at a grocery store?

Asked over 1 year ago - Centreville, VA

I slipped and fell in a Grocery store abt a few months ago.The store had no sign up.I was taken to hospital by ambulance. After xrays n scans, I was told I had broken tail bone. ever since I came back home that day I have had pain and the only way to manage it is through pain medications. I can't go out, stand for along time n have hard getting up n sitting down. I did fill a claim with the grocery's insurance n also searched for an attorney. I contacted a few and I was told that it would be better if I directly handle it myself since they won't be making a lot of money by taking this case. I did handle the case myself with the grocery's insurance company. Now after a few months, the insurance company has decided to pay my medical bills and also has offered 7K for pain and sufferings.

Attorney answers (7)

  1. Anthony A. Ferrante

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . You should contact a personal injury attorney in your area to discuss this matter. If the insurance company is offering you $7k without a lawyer, chances are that you will get some multiple of that number if you hire a lawyer. The unfortunate truth is that you have fully discussed this claim with the insurance company and the likelihood is that you have made some statements which may be damaging in the long run.

    I suggest you contact a local attorney and schedule a sit down consultation. Good luck.

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an... more
  2. David B Pittman

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I don't understand why you are having trouble finding a lawyer to help you. I would keep trying. That seems like a small amount for your injuries/damages. Bottom line: I would keep looking for a lawyer willing to help you with this.

  3. Christopher Steven Hoffmann

    Contributor Level 14

    5

    Lawyers agree

    Answered . Call a local attorney who does slip and fall cases. This sounds low but there are many aspect to value.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Without a lawyer, you are likely being offered 1/10th of the true value of the case. Retain a local personal injury lawyer to get maximum compensation.

  5. Michael Ruxton Strong

    Contributor Level 8

    3

    Lawyers agree

    Answered . You are likely to recover as much or more than three to five times your medical bills, depending on severity of your injury, and if the store's liability is clear. Liability is the most difficult part of a "slip and fall" case. Winning this type of case depends on proof that the store management was on notice of this defect (foreign substance, uneven pavement or tile, loose or falling debris or products, etc.) You said only that "they had no sign up" but you did not mention what the sign would be protecting against. Was it spilled liquid, or other foreign substance? How long had it been there, and what if anything was done to fix the problem before you came along. Also, how open and obvious was the substance or material that caused you to fall? Were there videos in the store that can substantiate the time this problem existed before you fell? All of this requires expert attorney assistance to properly develop the case and get the fair value out to you. Without clear proof of a danger and notice to the store operator, you may well receive nothing or much less than the full value of your case.

    On the damage element of your case, most fractures require ongoing care, and cause severe pain. In this type of tailbone injury, there is little if anything a doctor can do short of prescribing pain meds, due to the nature and position of the tailbone. Therefore, your pain is the real driver in terms of value in this case. And, what if the pain does not go away? If it is permanent, as this type of fracture could be if it does not set completely, then you will have a far higher value.

    Our office recommends using expert medical doctors to testify about the nature and severity of pain, extent of healing or lack of healing, and need for future corrective surgery or other therapy to further bolster the proper measure of medical costs related to your injury. We can obtain the doctors report at no up front cost to you until reimbursement out of your eventual settlement. We can also help to reduce the outstanding medical expenses to be paid out of the settlement by negotiating with your doctors. These additional estimated medical costs will further drive up the value of settlement in the case.

    You absolutely need an attorney to represent you to get the fair value of your injury paid out. Even with legal fees deducted, you are likely to get far more after a thorough attorney goes after the store to establish both liability and your damages.

    This response is not offered as legal advice, but is only a general informational response for public interest.... more
  6. Matthew C Simon

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You should seek an experienced personal injury attorney in your area. You may have a case, but without an attorney, you will not get maximum compensation. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  7. Paul Hilmon Cannon

    Contributor Level 12

    2

    Lawyers agree

    Answered . You need to sit down with a local attorney and discuss your case in detail. Slip and fall accidents have too many issues to get an accurate answer in the limited space provided here.

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