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?
5 Answers from Attorneys
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
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.
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
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.
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.