Permit me to ask you: if the rn at the nursing home asked how much medication to give your father what would you say; if the md at the hospital asked you how to set the ankle what would you say; if the mechanic asked you how to time the ignition what would you say? Seriously, all the best and I hope you do your father right.
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.comAsk a similar question
Hire a lawyer right away. A lawyer will know the right amount to request. As well, it's probably in your best interest to not speak to the bank or its insurance company; let a lawyer do that for you. Any amount you may receive, you are probably going to receive more, after the lawyer's fees, with a lawyer.
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Even at your father's age the cae has significant value (assuming good liability) - five to six figures -but I doubt you will get it from an insurance carrier pre-suit. They will offer you minimal money and string you along and hope your father dies before his testimony is preserved. You should consider hiring a lawyer who may want to put the case into suit ASAP so your father can be deposed and his testimony preserved. Without his testimony you may not have a case.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. 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. The above answer is for informational purposes only and not meant as legal advice.Ask a similar question
I would recommend that you find a personal injury attorney there in your local area and try to get a free consultation with that attorney. Many attorneys will agree to a free consultation. You do need to get all of the bills together, but instead of submitting them directly to the bank's insurance company, have your attorney transmit them and request payment immediately of those expenses. Then have your attorney settle (with your approval) the matter. You do need to realize that the amounts for pain and suffering for your father's permanent injury will need to be taken into consideration along with the fact that he is 90 years old. Best of luck.
The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.Ask a similar question
Never try to deal with an insurance company without a lawyer or you will only get a tiny fraction of the true worth of the case. For example, an insurance company in Pennsylvania pays unrepresented parties 11% of what they pay parties represented by a lawyer.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.comAsk a similar question
Snow and ice cases are difficult and there are many variables that have to be considered - even in the successful ones . Respectfully, you are not likely aware of all the legal nuances and as has been commented, it is more than likely that the insurance carrier would not offer you a fair amount for an injury that potentially is in the high five figures if not six figure ranges. Of course, if there is no legal liability on the bank, then the claim is worth "$0" no matter how serious the injury. You are doing your father and yourself a dis-service by negotiating the claim by yourself. Reconsider retaining an attorney, as he/sher won't get a fee unless you are successful in recovering a settlement or verdict in your father's favorAsk a similar question
An evaluation of the value of your father's claim requires analysis of several factors. First, the bank's responsibility for the ice which caused the fall must be determined. This issue we call liability. Then the damages must be examined. You refer to expenses which is one element of damages, perhaps the smallest. Your father's injury, pain, suffering, disability and loss of enjoyment of life (as you suggest) must be evaluated. Next we investigate any liens on his recovery; does he have to pay Medicare/Medicaid back for monies paid. Your father will get the best value and protection if you allow an experienced personal injury to represent him. Have you contacted on yet? If not, do so at once.
This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.Ask a similar question
Ok, first I agree with every other attorney on this board who suggest hire an attorney. There are ankle breaks worth 50k and there are ankle breaks worth 600k or more. Without knowing the type of break your father suffered, and what type of surgery he had, it is impossible to opine what the case is worth. Also without knowing the weather on the day of the fall, it is impossible to guess as to liability, however, the fact that the bank wants to settle makes me think that liability is good. NOW, given your father's age, and his current circumstances, I'm a big believer in the fact that a quick settlement that can benefit your father NOW is far superior to one that you get after 3 years of litigation. It would be wonderful to get a nice settlement while your dad can enjoy it, travel with you and aide. All the money in the world doesn't do your father any good, if he is unable enjoy it. Many firms including mine will prepare a settlement proposal, setting forth liability and a settlement proposal, and then negotiation an appropriate settlement for 10% of the gross settlement. If you aren't satisfied with the offer, then you can still litigate, but at least you'd have representation at this early crucial state. You should definitely look for an attorney to negotiation on your behalf, and not necessarily one who will seek to litigate in order to obtain a full fee.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.comAsk a similar question
Not all ankle injuries are the same. Valuation depends on: likelihood of proving liability; severity of the broken bone, ligaments and tendons; how well it has healed; and, prognosis in the future. Unfortunately, your father's age is certainly a factor concerning expected future pain and suffering but certainly he should be properly compensated for the pain and inconvenience he has endured.
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