Legal Question in Personal Injury in North Carolina

Personal injury on the property of a retail store

In Dec/2002 my now 79yr old mother fell over a piece of equipment parked in the way(hard to see)at a large retail store. She has had prior back problems,and back surgery. Hopeing she was OK,she chose not to go to the ER. However;a few days later was having lots of backpain. She saw her physician in which he discovered a vertebra fracture, not there prior to her fall. She now walks with a walker and stays in tremendous back pain. After receiving her medical records, this company called and ask her to give them a $ amt. for settlement. She has no idea how much $$ to ask for. What range of $ amt. should she ask for in this case?


Asked on 1/28/04, 12:00 am

2 Answers from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Personal injury on the property of a retail store

Personal injury cases are very difficult to evaluate. You have a classic case of pre-existing injury, and your argument is "aggravation" or pre-existing injury. The store (or insurance company) will of course focus on the pre-existing injuries. The x-rays, however, will apparently support your position (that the fracture was not present before), and presumably the medical records will help to establish the increased level of disability or impairment. You need to look primarily at the medical expenses, lost wages (if any, perhaps inapplicable in your case) and pain and suffering and disability. Doctors will often assign a disability or impairment rating. It is very difficult for a layperson to evaluate such a claim. Further, there is a very serious liability issue (i.e. whether she can recover at all). You probably should consult a lawyer.

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Answered on 1/30/04, 12:32 am
Jim Griffin The Law Office of James L. Griffin

Re: Personal injury on the property of a retail store

I would highly urge you to retain an attorney. It will cost you nothing and possibly a 3rd of any recovery. However, I would be willing to bet the company will not offer what a PI attorney could possibly obtain.

The amount of $ GENERALLY, is 3 to 5 times cost of medical & related expenses, lost wages, pain & suffering. Sometimes, punitive damages may be available. I urge you to speak to an attorney about this.

Good luck

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Answered on 1/28/04, 1:16 am


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