Skip to main content

How much $$ should I be asking for in a slip and fall case in Nevada?

Henderson, NV |

My injuries are to my lower back and leg, I have been going to Physical Therepy and pain management for about 7 months now they just burned the nerves in my lower back to try to relieve the pain. Medical bills are at about $50,000.00, I will need to get injections in my back for the rest of my life (i'm 43) I have only lost about 7 days of work total (but somedays its a struggle to get up) I used to run Valet (parking cars) and play softball but can no longer do that, I have no other medical issues. I was walking out of a convient store and a kid (from the video) spilt a slushee and I came walking out and slipped on it and fell.

Well after reading everyones comments nobody answered the question I have an attorney my case is good or im sure he wouldn't have taken it, I was just trying to ask around and see what a reasonable amount would be. Thanks for everyones time but nobody answered the question based on what information was given I will just wait till im released medically and we file a suit. wasn't looking for a exact number just an idea.

+ Read More

Attorney answers 9

Posted

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

Asker

Posted

There insurance guy told me he saw the video (a month after it happened) andthe store clerk is the one who told me what happened and how the soda got there, but of course when they asked for her statement a month later she forgot what happen so because he felt the store didn't have proper notice they weren't taking any liablilty but he can't tell me how long it was from the time it was spilt to the time I fell, he told me I should have been embarrassed and got in my car quickly and drove away thats what he would have done.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Your claim is being severely prejudiced by inaction. The insurance adjuster clearly not interested in working toward a fair resolution. May I suggest your course has been set.

Posted

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.

Asker

Posted

I have an attorney now, but the store won't send him the complete video it has bits and pieces it shows the kid spilling the soda and then me falling but no time on how long it was in between the two, the clerk at the store told me what happened and then of course when they asked her for her statement a month later she forgot.

William Berry Palmer

William Berry Palmer

Posted

they have no requirement to give you the video unless you have filed suit against them and requested the video with in the discovery.

Asker

Posted

ok, we are filing suit!! Thanks

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

If the spill was right before you fell, why wouldnt they give you the entire sequence showing the time?

Asker

Posted

right!! my thoughts exactly

Posted

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.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Posted

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

Asker

Posted

That's not the case I was just asking around

Posted

If you dont have an atty now, get one immediately. This is not an easy, slam dunk case.

Asker

Posted

I do have an attorney I was just asking around, thank you!!

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

There are 2 parts to a case; liability and damages. It sounds like you have big damages. However, the liability is less than clear from what you posted. Therefore when attempting to value a case, one must factor in reductions of full injury value, based on the risks of getting completely defensed in the case, or having the verdict reduced due to comparative fault on your part.

Posted

Without knowing all the facts, I wouldn't venture a guess. If you don't have a local lawyer, get one.

Posted

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.

Asker

Posted

We are!! Thank you for your comment and thats the exact procedure I recieved

Posted

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.

Posted

See a lawyer!!!!!!!!!!

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.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer