Clifton Park, NY asked in Personal Injury for New York

Q: How much pain and suffering is fair for a minor slip and fall ?

Out of work for 8 days , laid up for 15 . Sprained ankle , back spasm . Had to go back due to medication reaction . Insurance paid medical upfront . Slid in grocery store on spilled fruit. The store insurance company notified

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3 Lawyer Answers

A: It could be difficult to say, based on these brief facts. Pain and suffering can be a major element of damages and it is based on a number of factors. These can include the impact on one's life in terms of the outright pain, suffering, disability, changes in lifestyle, inability to carry out certain activities, and more. Some of the things that jurors will consider are the severity of an injury, time disabled, level of medical care, and lingering impact on one's life. It can be a difficult parameter of an accident to put a finger on, because unlike other types of economic losses, such as medical care or lost wages, it can be more difficult to quantify. Good luck

Jonathan R. Ratchik agrees with this answer

Michael Bersani
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Answered

A: You’re a pain and suffering compensation depends on the venue of the case. If it is brought in a county such as the Bronx or Erie County, it is worth more because juries are more generous there. If you bring it in and upstate rural county, it is worth less because juries are stingier there. But from the description of your injuries, it is not worth much anywhere. You would probably have a hard time finding a lawyer or to take this case on a contingency fee basis because the injury would not pay for the litigation.

A: Sorry to hear what happened to you. As my colleague correctly advised, there are many factors that go into determining the "value" of a case, such as the nature and permanency of your injuries, how the injuries affected your enjoyment of life and activities of daily living, whether you sustained any economic loss (such as lost wages, medical bills), your age, and even the venue in which a lawsuit could be brought. And that does not even begin to address the liability issues that will arise in a slip and fall case such as yours, including whether the store had notice of the spill on which you slipped and a reasonable opportunity to clean it up. Keep in mind that an insurance company will never take your case seriously if you are representing yourself. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. If your case is admittedly minor, however, you will likely have a hard time finding any attorneys willing to take it.

Tim Akpinar agrees with this answer

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