Question About Slip & Fall Suit?

Q: I have been having a hard time finding any Lawyer to get involved in a slip & fall case that my fiancee has in Phoenix, AZ. She fell in a Nursing Home while visiting my Mother. They were moping the floor and just walked away and left no warning of a slippery floor around anywhere. Since it appears that I will have to handle this myself my question is about the breakdown or is there a "rule of thumb" that one would use to ask for damages? Also what kind of damages would apply? In other words, what damages would one ask for, i.e. of course the medical expenses, 100% The travel expenses back and forth to the doctors, 100% What about any damages for missed work? Would there be cause for negligence? Any kind of punitive damages for neglect? And what % or amount would one ask for if this applies? Also what about any compensation for future pain and suffering? What other kind of damages can one ask for in this case? Would this be based on a % of the medical as a rule of thumb? I think the problem is to why I can't get anyone to handle this is the Nursing Home were it happen is self insured. BUT they have agreed to pay all medical expenses. There are several witnesses that work at the facility that heard the accident. They laughed when it happened! Not funny too me! Damages to my fiancee are, A bad risk, back was hurt both upper and lower, knee hurt in fall, She is going to a Chiropractor on a daily bases since this happen last month. She has had sereious headaches and some dizziness since the fall. Worse yet is that She has experienced some very serious confusion since the accident. I know this is very common for the elderly to experience confusion but do you think this can happen with someone around 50 years old? Can this be confusion be addressed as well?

A: There are lots of attorneys in Phoenix that handle slip and fall cases. It would be best to find one, rather than handling it yourself. It's true that many attorneys in that field have systems in place to deal with insurance companies and might not want a case against an uninsured defendant. But it's also true that when people say they can't find an attorney to take a contingency case it's often because it's a dog of a case. Keep trying. Call the bar association and ask for the number of their attorney referral service. If you have to, you can hire an attorney on an hourly basis. But if you really can't find a contingency attorney for a slip and fall case, it might be best to take that as a clue to the quality of the case, and drop it. Or settle for the offer you received. From your description of the damages, I expect that this case is good enough for a contingency attorney. Your fiancee will have to decide. When you say handle it yourself, you mean your fiancee will sue in pro per. You can help by fetching coffee or typing or the like, but you can't help with legal stuff unless you are an attorney. The following advice is for her, not you, because we don't want you to get in trouble, right? There are rules of thumb concerning damages, but I don't know them. You would have to consult someone in Phoenix. An attorney, insurance adjuster, underwriter. You're right, I think, that such rules of thumb are based on a multiple of the medical expenses. What kind of damages would apply? Medical expenses, travel expenses, lost wages, pain and suffering, including future pain and suffering. There would also be an element for any permanent impairment, including the episodes of confusion, if that condition is permanent. There would be nothing additional for negligence. Negligence is the basis of the entire claim. Without negligence, you don't have a claim at all. Forget punitive damages. Unless there is something you did not mention that would make the defendant's conduct outrageous. You can ask, but since you will be trying to settle rather than take it to trial, the battleground should be damages for pain and suffering, not punitive damages. Your description of the headaches, dizziness and confusion makes it sound like the medical diagnosis is not yet done. Until the diagnosis is complete, you don't know the extent of future medical expenses. You should get that all sorted out before you settle the case. That does not mean delay filing the case. There are statutes of limitations. If you file late you are sunk. In California, the limit would be one year. I don't know what it is in Arizona. In addition, their might be shorter periods during which notice of the claim must be filed. If the nursing home is a government agency, the notice period might be short. Like 30 days, 60 days, 90 days. You have to find out. There might also be addition requirements for advance notice of a claim involving medical negligence. I don't know. Even if you are going to handle the matter in pro per, you can hire an attorney for an hour and get lots of advice on how to do it. That's what I would do.

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