Legal Question in Personal Injury in California

trip and fall accident

I am making a claim against a city

where I tripped during a crowded event

and want to ask for more than just

medical expense, how do I figure the

consequences of the injury in monetary

terms?


Asked on 9/12/08, 1:39 pm

5 Answers from Attorneys

BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

Re: trip and fall accident

Before you get to value you must have followed the claim procedures invovlved which are very techinical assuming you have followed these and you can establish liability which is difficult you are entitled to medical expenses lost wages and general

damages there is no written formula for general damages but they increase with the severity of the injuries goodluck

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Answered on 12/11/08, 6:29 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: trip and fall accident

Don't do claims against the city yourself. It's too difficult. Use a lawyer.

If you were able to prove a dangerous condition of public property, you would be entitled to loss of wages and earning capacity, past and future medical expense, and compensation for "pain and suffering."

Claims against public entities have short time limits and special claim presentation rules, be careful.

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Answered on 12/09/08, 6:17 pm
Michael Stone-Molloy The Lion's Law Office

Re: trip and fall accident

Medical expenses are the "hard core" of a personal injury claim. On top of that you put "pain and suffering" which is usually proportional to the amount of medical bills. The more in bills, the more in pain and suffering.

There is no easy formula for knowing exactly how to calculate how much that is. One way that I do it is to look at cases with similar injuries and see what settlements or verdicts have been obtained for them. To do that, however, you need access to special websites like WestLaw or Lexis.

If you would like to discuss the details of your particular case, please call me toll-free at 877-LION-FOR-LAW

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Answered on 12/09/08, 6:22 pm
Terry A. Nelson Nelson & Lawless

Re: trip and fall accident

What evidence do you have that they created or allowed a hidden and dangerous condition that caused you to trip, rather than your own inattention and neglect? They are not liable just because you fell. If you can prove such fault by them, then you'd be entitled to claim all provable out of pocket expenses and something for your demonstrable 'pain and suffering'. Good luck; such claims are tough to prove and win.

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Answered on 12/09/08, 7:13 pm
David Lupoff Law Offices of David B. Lupoff

Re: trip and fall accident

First, you must prove that the city controls the property, next, you must prove that there was a dangerous condition. How long did this condition exist? Were there past incidents on the same spot? What do you mean when you say, "crowded"? Could there have been contributory negligence on your part?

The bottom line is, cities fight claims like this tooth and nail, and they are very difficult to prosecute. Before you consider a lawsuit, you may want to revisit the nature and extent of your injury(ies) and see if it is worth pursuing.

This is not something that you should attempt on your own, it is too complex. Please feel free to contact my office for a free consultation at 818.385.0520.

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Answered on 12/10/08, 12:23 am


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