Legal Question in Personal Injury in Ohio

Re: how much to settle for

Fall cases are difficult cases in Ohio even when the property owner was negligent. These types of cases are often defended very aggressively as the law does not favor the innocent victim such as yourself. Having said that the art of negotiations and valuation is difficult to teach in an email. Since the medical expenses you incurred were paid by medicaid you will have to pay back medicaid for the amount of the bills so you need to know this figure. If you have any permanent disability this needs to be taken into account in arriving at a figure for past and future pain, suffering and disability. If you have 20,000 in medical expenses and a permanent disability that will impact you somewhat in the future and you can settle the case after paying back the medical expense for 3x the amount of the bills given the serious nature of your fractures you will be doing well. It is unlikely that the insurance company dealing directly with you will expect to pay you anymore than 10,000.00 or so for your pain and suffering in which event you will probably need to consult with an attorney that will charge 33 1/3 % of the gross recovery or more depending on when the case settles or if it goes to trial. Depending on the jurisdiction you live in and the insurance company involved will also dictate whether you are paid fairly or whether you are likely to be grossly undercompensated for your injury. Please understand that this is a very broad response given the limited information that you have provided and should not be relied upon by you as authoritative given the uncertainties described above. Good luck and hopefully I have provided you with some guidance. Remember no matter how much you request it is unlikely that the insurance company will agree to the number unless it is extremely low in their judgment so leave room to negotiate with whatever figure you communicate.

Re: how much to settle for

Valuation of your claim involves a lengthy process, gathering evidence of the actual injury, your prognosis for future medical care, the amount of pain and suffering you have suffered and will suffer in the future, as well as other factors showing the impact of the injury on your life.

Once the factual items are nailed down, then a comparison can be made with similar cases, and a demand made to the insurance company. If you are not comfortable in making such evaluation, you should seek experienced legal counsel. I have been in legal practice for thirty years, with a Masters degree in Law, in Forensic Medicine. If I can be of service, please call 1-800-628-8989.

In any event, best of luck for a speedy recovery.

Re: how much to settle for

As the other two attorneys that have responded have stated, evaluating the value of a particular case is vert difficult; especially when dealing with a serious injury such as a broken bone. I suggest the you contact an attorney to handle your case. Without the involvement of an attorney, the insurance company is not likely to offer an acceptable amount. You don't state when your fall took place. BEWARE: Please be advised that if a settlement is not reached within 2 years of the date of your fall, you must file a lawsuit. If you fail to file the lawsuit within two years, you will NOT be able to recover for your fall. If you have any questions, please contact me for a free consultation. 216.241.2500.