Legal Question in Personal Injury in Nevada
I was in a Casino in henderson, NV a casino when I slipped and fell. The fall resulted in a severely sprained ankle and a painful hand injury. I am retired and do NOT work. I have an HMO and saw a doctor numerous times and went to physical therapy and acupuncture for the injuries. The casino has an insurance company, which I have contacted. They are asking what I would like from them. I would like to know what type of compensation I should ask for?
Thanks,
Mickie
1 Answer from Attorneys
It would first have to be demonstrated that your fall was the direct result of some negligence on the part of the casino. You cannot collect from a premises owner for an injury that was not caused by the premises owner/operator. Accidents happen, and they are not always the fault of the property where they occur. If you are able to establish that there was some negligence (perhaps an unmarked wet floor, poorly designed or built walkway, lack of a handrail on a staircase, etc.), you would then be entitled to damages. It sounds like the insurance company is either admitting fault or wants to dispose of your claim - as a prudent business decision - as a "nuisance" that they can pay off economically.
You are legally entitled to any damages you can prove. Those normally include all directly related medical expenses, cost of prescription medications, and any other out-of-pocket costs attributable to the injuries. Additionally, some value may be attributed to the "intangible" damages suffered, including pain and suffering, change of lifestyle, inconvenience, and any extreme emotional suffering as a direct result of the accident. The value of these categories of damages is where a skilled personal injury attorney is invaluable, as it is very difficult to assess what these damages may be worth without a thorough examination of your circumstances.
If you decide to pursue the claim against the insurance company, yourself, just try to get what you can for the intangible damages, but I will tell you that many claimants find that, even after payment of attorney fees and costs, they net more by having a skilled negotiator valuate these damages than accepting what the insurance company is willing to pay directly to you.