Legal Question in Personal Injury in Virginia

Percentage of injury for claim

I slipped and fell at a hotel and broke my ankle. How do you calculate the percentage of injury for a permanent disability to obtain a $ figure for settlement?


Asked on 7/27/99, 10:03 am

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Percentage of injury for claim

A doctor (expert witness) gives a statement as to what the disability might be. But percentage disability ratings are of little use. What matters more are what are the medical and other expenses (past and future), and lost wages (same), and how the injury impacted the victim's life. Of course, with a slip and fall case, what usually matters most is whether you can prove negligence on the part of the defendant and whether it can prove that you were conributorily negligent.

How to obtain a figure for settlement? Get a lawyer. Without an experienced personal injury lawyer, you have little chance of getting a fair settlement, particularly with a slip and fall case where there can simply, by definition, never be a case of clear liability given the contributory negligence defense and the duty to watch where you are going.

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Answered on 7/29/99, 3:46 pm


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