right ankle shattered when walking on sidewalk - permanent disability involving constant pain, inability to walk more than 15 minutes or drive more than 45 minutes; married female with 3 small children and full time job outside of the home that requires driving to different locations for inspections, training sessions, and meetings
It depends on many factors. Your age, impact on your daily life, activity level before yhe accident, impact on your work .. . I'm assuming whoever caused your permanent ankle injury was at fault? As to value, I think you need to discuss this in much more detail with a PI lawyer to protect your rights fully and to make sure you maximize your damages that you may be entitled to. I'm assuming the at fault party has a large enough policy to cover your damages.
I am sorry to hear about your injury. I'm a California attorney and I have done cases like this for many years. Let me share my insights with you.
Your question "what is an ankle worth in California" is really unanswerable with the information that you have provided. The factors that generally go into evaluating a claim is how strong or how weak is liability? What is the nature and extent of the injury? I assume you suffered a very significant fracture since use the term "shattered." As well you do not provide any information with regard to the nature or extent of medical expenses, lost earnings, future medical expenses, future lost earnings. You have not provided any information as to whether or not you needed to secure outside services to help you with management of your household. Your husband depending upon the nature and extent of your injuries may also have a loss of consortium claim.
As you can see there are a myriad of issues that need to be looked at in evaluating your claim.
Since this occurred on a sidewalk there might be a governmental entity involved and there are very short claim statutes that must be complied with to protect your rights.
You do not indicate when this incident occurred and that is problematic because evidence may have "disappeared."
In my opinion you should immediately get photographs of the area in which the incident occurred and retain counsel to represent you.
You suffered a very significant injury and you need legal representation.
I truly wish you the best
The value of any case depends on many factors, including the following: what is the liability, the nature and extent of the impact, the nature and extent of any injuries; was there surgery or will there be surgery in the future, the diagnosis and prognosis, the amount of medical bills (past and future), the amount of lost wages (past and future), prior medical history; and how the accident interfered with your daily living. Other factors include the location of the accident and recent verdicts for similar cases, if there are any.
Your lawyer will assist you with this analysis. If you have not retained a lawyer please consult one as soon as possible. A 1999 study by the Insurance Research Council concludes hiring an attorney pays significant dividends for accident victims.
Here are some questions which help you make a decision to meet/hire a lawyer:
• You sustained serious injuries with possible long-term repercussions.
• There is or may be a dispute over who was at fault.
• You feel you are not being fully compensated for your current and future medical costs resulting from your injury.
• You feel the statute of limitations may come into effect before you reach a fair settlement.
You have not stated any facts that tend to prove you have a claim against anyone. If the sidewalk was a public sidewalk, you have only 6 months from the date of injury to file a claim. Instead of worrying about damages, I would immediately retain counsel to evaluate the merits of your case re liability. Good luck.
My ankle is worth a lot. You mention nothing about the liability other than you were walking on the sidewalk. What did you trip on or fall on? No one can tell you what your case is worth without knowing more facts. Liability in slip and fall cases is difficult. Where was the sidewalk located, what municipality, unfortunately, without getting more information about what happened, you may not get very complete answers.
One thing I can say for sure is that my opinion is that a shattered ankle (assuming the owner of the ankle is not at fault and the liable party has the ability to pay up) is worth hiring an experienced personal injury lawyer.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician
I live and work in California and deal with accidents like yours all the time, so I am happy to answer your question. The answer to your question is that more facts are needed regarding how the accident happened, who the defendant is, what medical procedures were undertaken etc, which will require A LOT of work. Moreover it sounds like the accident is completely the other persons fault so you don't want this case to become a difficult one because of lack of inattention, so I would hire a lawyer to get you the maximum results. Our firm does not usually settle cases until the client is 100%. We look at the case as a whole and attempt to figure out what the settlement should be. The insurance company will make you believe that your case is worth very little... Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well.
Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hired can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.
With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled cases and/or spoken to clients in the Carson, CA area.
Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it. We give free consultations!
You have a serious injury & need to contact a personal injury attorney immediately - many offer a free initial consultation. If you are claiming that your injury was caused by a defective or broken sidewalk sidewalk etc, and if it is a public sided walk' a claim must be filed within 6 months of the date of the incident. Call an attorney ASAP!!!
Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.
Permanent disability damages are designed to compensate for a life-altering accident, and often involve expert testimony to that effect.
Written by attorney Michele Lewane
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