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I recently fell off a ladder while painting a second story deck and landed on my left side buttocks and fractured my right wrist

Carson City, NV |

i was in a cast for 5 weeks, and while i went for my cast removal, the doctor took xrays and it showed that the wrist had not healed properly and would require surgey to put a plate and pins in it. the surgery was yesterday and the doctor started the surgery and then changed his mind about the plates and pins because he would have to rebreak the bone and possibly cause further damage, so he sewed me back up. what kind of settlement could i be looking at based on this information? to date the home owners policy has paid out 2000.00 for medical expenses and stated the rest of my bills would come out of the liability coverage,

Attorney Answers 2

Posted

I am not in your State. No attorney will tell you what a case is worth based on the information you provided. Additionally, there may be a workers compensation issue if you were working at the time. An attorney would want to look at records and information themself.

Additionally, you have not said anything that would establish liability. You fell off a ladder but why? Who/what caused you to fall of a ladder. Simply because you fell on someones property does not establish liability. The insurance money which is paying your medical bills, may be payments made under a medical payments coverage so do not assume that someone has admitted fault.

Sit down with an attorney in your State.

I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.

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Posted

Duty of care

The first element of negligence is the legal duty of care. This concerns the relationship between the defendant and the plaintiff, which must be such that there is an obligation upon the defendant to take proper care to avoid causing injury to the plaintiff in all the circumstances of the case. There are two ways in which a duty of care may be established:
the defendant and plaintiff are within one of the 'special relationships'; or
outside of these relationships, according to the principles developed by case law.

There are a number of situations in which the courts recognise the existence of a duty of care. These usually arise as a result of some sort of special relationship between the parties. Examples include one road-user to another, employer to employee, manufacturer to consumer, doctor to patient and solicitor to client.

[edit] Dereliction or breach of that duty

Dereliction of duty generally refers to a failure to conform to rules of one's job, which will vary by tasks involved. It is a failure or refusal to perform assigned duties in a satisfactory manner. Dereliction of duty on the part of an employee may be cause for disciplinary action, which will vary by employer. It may refer to a failure by an organization member to abide by the standing rules of its constitution or by-laws or perform the duties of the position appointed to.

[edit] Injury directly caused by the tortfeasor

The negligent act of the tortfeasor must be connected to the injuries suffered.

[edit] Damage as a result of that breach

For many torts, damage is a necessary part of the tort. Thus, it is not enough to demonstrate that you have suffered the wrong in order to win a tort case, you must also have legally recognized damages that were directly or indirectly caused by the tortfeasor as a result of the tort, and be able to prove the extent of those damages.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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