Expert Advice When You Need It Most

Is there a basic formula used for determining personal injury compensation in Ca.? Not workman's comp case.

Tripped on an uneven section of concrete in front of local business, badly bruising my knee. The company's insurance has covered my medical expenses, but now wants to settle on the pain and suffering compensation.
I have been medically cleared.
There was no lost work time.
How do lawyers compute a figure?

Save

Attorney answers (5)

Reputation Level 15
There is no set formula. An attorney would have to see photos of the scene and your injuries and read your medical records to make a determination of the amount of settlement to demand. We need more information.

Reputation Level 20
I agree. Their is no set formula. But I can say that the extent of your injuries and how much pain you had is a major contributing factor.

Disclaimer - This response does not constitute legal, accounting or other professional advice. Only through a personal, confidential consultation with qualified legal counsel can anyone properly evaluate their own unique legal challenges and determine what, if any, appropriate legal strategies and tactics should be implemented to meet those challenges.

Circular 230 Disclaimer - “Nothing in this response is intended or written to be used, and cannot be used by any person for the purpose of avoiding tax penalties regarding any transactions or matters addressed herein. You should always seek advice from independent tax advisers regarding the same.

Reputation Level 13
It will depend upon the longevity of your pain and suffering. So a few weeks of pain with a full recovery will be worth minimal dollars, whereas protracted, ongoing suffering will be valued much higher.

Reputation Level 13
I agree with the other contributors. I would also add that "how cut and dry" is the liability aspect of the case is also something that is factored in.

Good luck to you.

Adam Sorrells
Chico Injury Attorney

Important disclaimer: The following was not legal advice, and cannot be relied on. For informational purposes only. Time is of the essence. You should seek the advice of an attorney immediately.

Reputation Level 13
There is no basic formula. You should be very careful here because you are not represented the insurance company may try to low ball your compensation. You need a lawyer to review your case to ensure that you are adequately compensated. Slip & Fall cases are heavily defended so insurance companies rarely pay what they are worth. Good Luck!

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now