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I fell at a church parking lot. I ended having an ORIF/ankle surgery with Two screws and a plate. I am missing work.

Clovis, CA |

I am a single subject Spanish Teacher at a high school that is located in a very small town. I am in TTD, and I had to do part of my lesson plans because they are no Spanish speaking Subs. What could be a reasonable settlement for this kind of case? I used to run, and be very independent, and I have three kids. I had to pay two extra people to help me take kids to school and help around the school.

Attorney Answers 7

  1. Best answer

    If negligence cannot be established - $0. If negligence can be established then it could be substantial. A lower extremity fracture requiring ORIF is a serious injury with potential long term ramifications. Contact an injury attorney right away. Proving negligence in a slip and fall is tricky. The sooner you consult a qualified injury attorney the better your chances are to make a recovery. 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.

  2. There are two parts to every lawsuit: liability and damages. Based on your ankle surgery from the fall you certainly satisfy the second part, however it is not clear whether the church is liable for those damages. Did you fall in a whole in the parking lot? Was the parking lot in disrepair? You should consult with a personal injury attorney to see if there are grounds for liability against the church based on negligence or any other cause of action.

    Good luck!

  3. What does your lawyer recommend

    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

  4. There is absolutely no way to know what a reasonable settlement would be in your case without a full evaluation, which would include a comprehensive review of your medical records and bills, your employment records, and other information. I strongly suggest you consult with a personal injury attorney in your area; evaluating cases like yours is how we earn a living.

  5. As you can see, nobody has, nor will they give you a number. There are just too many unknowns. For instance, it is not enough to prove that an actionable defect existed. You must be able to prove notice, too. That is, that the property owner or manager, through their agents, knew or should have known of the defect long enough in advance of the accident to have cured that defect. Or, you can try to prove that they caused or created the defect.

    Anybody who is going to give you a number at this stage is just guessing, if I'm being kind. Such a number would be calculated to get you excited, not to give you accurate information. The point would be to entice you to sign a retainer. Beware of people who make promises before fully evaluating your case, defenses and all. Also you will want to see how your injury progresses. Will you need more surgery to remove the hardware? Will you develop arthritis? Will you develop a crippling case of CRPS (RSD)? Or will you make an amazing recovery with no residuals? I think you get the idea.

    We are serious lawyers for the seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not legal advice. These opinions are based on New York practice. We have no attorney-client relationship. Conducting a conversation with me through the avvo comments section does not create an attorney-client relationship.

  6. The issue is whether there was some defect or dangerous condition....just falling doesn't entitle you to money...have a local personal injury lawyer investigate

  7. You don't say HOW you fell, meaning it's near-impossible for us to tell how strong your liability case looks. Your damages, sadly, are pretty extreme.

    A lot of firms, including mine, would happily give you a free evaluation to see if you should bring a case.
    All the best.

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