Doesn't sound to me as if the store did anything that caused or contributed to the happening of this incident. Perhaps that's a good enough reason for you to consult with local and qualified counsel. How do you know what the video shows?
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
In Nevada it would depend on how long the drink had been on the floor to attribute liability to the store. Additionally the fact that you are asking what is a good number to ask for tells me that you should have hired an attorney.
Impossible to give a claim a value without fully investigating the many variables which contribute to a claim's value. Consult an attorney for assistance.
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In reading your question along with your comments to the prior posts, I am getting the impression that you are not satisfied with what your attorney has been able to achieve so far. Perhaps you should have a in depth discussion with your attorney about the strength of your case. Or perhaps evens consult with one or more new attorneys. Many local attorneys will provide a free consultation.
If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com
Without knowing all the facts, I wouldn't venture a guess. If you don't have a local lawyer, get one.
From your description it sounds like you have facet-mediated pain, or pain coming from your lumbar facet joints. The procedure you had was probably an RF ablation otherwise known as a rhizotomy. If this procedure provided you with benefit, you are correct in that you would be a candidate to receive these for your lifetime.
You need to hire an attorney to work with your doctor so you are able to properly document your future care needs via a life care plan.
For this type of a serious injury, you should be looking to recover an amount that will pay for your future care needs.
I'd be happy to consult with you if you are unrepresented. Otherwise, consult your attorney and make sure he is working toward documentation of your future care needs.
There are four elements of a negligence lawsuit: 1) Duty - the store had a duty to you; 2) Breach - the store breached that duty; 3) Damages - you were injured in a way that can be quantified; and 4) Causation - the breach of duty caused your damages.
The facts of the injury are key here. You have to show that the convenience store was somehow negligent. The key factor is how long the slushee was on the floor and was it unreasonable. If the kid spilled the slushee an hour before you fell on it, the store could be 100% liable. If the kid spilled the slushee immediately before you fell on it, the store might be 0% liable. It completely depends on the facts.
Also, it depends on whether the convenience store has premises liability insurance that covers injuries like this or possibly has what is called a Self-Insured Reserve (SIR). Either way, most large companies refuse to settle if there are any questions of liability. I worked for a large store chain as a defense attorney early in my career, and most of these cases were litigated aggressively.
Hopefully you have health insurance that covers your medical bills, or you are in a very risky situation. You need to have an attorney evaluate the case immediately. If you do not hire a lawyer, do not litigate the case properly, and do not have health insurance to cover your injuries, you could be personally liable for the medical bills.
See a lawyer!!!!!!!!!!
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