Plainwell, MI Personal Injury Law Firms & Lawyers

You would have to prove that he knew he had this condition at the time and that he lied about it. Even then, if he's in the state pen, how's he going to come up with the money to pay you?

Every civil case has two components: (1) liability and (2) damages. You clearly have damages. But you have not provided any facts about the fall itself. Sidewalk falls are very difficult and such cases are disfavored in the law. If you are trying to hold a public entity liable, it is even more difficult. Even assuming that liability was established, there are a variety of factors to assess damages. While you obviously have the physical injuries, what are the medical expenses? That's one of the largest factors considered. What lifestyle changes resulted? How much treatment, and physical therapy? What activities were curtailed? did you miss work? How much did you lose from work, if any? What is the prognosis for a full recovery? Will you have long-lasting or permanent residual physical consequences as a result? These are just some of the factors that go into the valuation. It is not a formulaic answer where a broken ankle = $5,000, and hand fracture is $3,000, etc. Also in slip and fall cases comparative negligence is a major concern. Even if the sidewalk was defective, why didn't you see it? Were you partially negligent here? If so, your case value can be reduced proportionately to the percentage of fault attributed to your negligence. Sidewalk cases have many defenses. If the defect is so large, it's considered open and notorious and you should have seen it and avoided it. If the defect is too small, it's considered a trivial defect and they can avoid liability altogether on that basis. If you don't have an attorney, you will need one because these are extremely difficult cases and you will likely need an expert as well regarding the condition of the sidewalk.

I often advise people to settle their own personal injury claims rather than hire an attorney. Usually this is where your medical bills are less than $10,000.00 and there is no permanent injury. In your case, I would hire an attorney because of your permanent scar. With most attorneys, you will not have to pay the fee until the case is settled. If you insist on representing yourself, I recommend the following steps: 1. If you have health insurance, use it for the medical bills. More of the settlement will go to you rather than doctors. Although you may have to reimburse your insurer out of the settlement you may not have to, plus they pay lower fees to the doctors than you would if you pay out of your settlement because they have special rates. 2. Get the contact information for claims division of the dog owners homeowner's insurance company (if the dog owner has no homeowner's insurance, you may not be able to collect anything from the dog owner). Write a letter to the claims department that you are filing a claim. 3. If the dog owner is insured, get an estimate for what plastic surgery will cost and include this in the claim. If the dog owner has no insurance, this may be throwing good money after bad. In this case, file suit, and get a judgment. It is good for 10 years. Maybe he'll pay someday. 4. Do not settle until you have finished all medical treatment. You may even have to wait a year to see how bad the scar is going to be.