There is no simple answer. It depends in part on how solid your liability claim is, ie. was the store on notice of a dangerous condition, and how the injury has effected your daily life, what the medical treatment has been, how much you have in out-of-pocket expenses and un-reimbursed medical expenses and whether you need surgery. Another factor to consider is how long it has been since the accident and whether your toe is likely to get worse or whether you know if you will fully recover. One this is certain is that you will do better with an attorney. Insurance companies try to take advantage and low-ball people who represent themselves. Without an attorney you have no way to counter the BS arguments that insurance company claims adjuster will throw your way.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
Awards vary based on permanency of injury, any contributory negligence on the part of the Plaintiff, and the amount of awards customarily obtained in the locale of the store and for your situation.
There is no average settlement, as every case is different. Have a local personal injury lawyer evaluate.
Either there is something wrong with AVVO's computers, or you have asked this question several times and gotten the same answer. The answer won't change if you keep asking.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Speak to a local personal injury litigation attorney.
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 www.nyelderinjurylaw.com
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