In this Google Live Event, John Kelly answers questions about how much you can expect to get from your personal injury settlement. For more information you may visit us online at https://www.jkphoenixpersonalinjuryattorney.com or post your questions to the comments section below and John has agreed to answer your questions directly.
These are the questions asked in this video:
1. Jacob- I was in the mall with my wife and 10 year old daughter. We were going up the stairs and my daughter tripped over some building materials which was left on the stairs. She ended up with a sprained ankle (we went to the hospital). Normally this wouldn't be a serious issue, but she is in gymnastics (and is extremely good). She is going to have to take months off and do rehabilitation. This situation seems to get worse and worse. What type of recourse is available and in a case like this, how would the compensation be calculated?
2. Denise- John. How do insurance companies calculate settlements?
3. Heather- I'm 33 and when I was in college (11 years ago) I was in a very bad car accident; fortunately I didn't have any serious injuries. Around four years ago I started experiencing neck pains and may doctor has concluded this is from my wreck. Is it still possible I can get compensation even though the injury occurred 9 years ago and if so, how much could I get for a neck injury?
4. Alex- Is compensation for car accidents handled differently for children? My son was with a friend and they were rear ended by a pickup and has been hospitalized for almost a week. I'm looking to hire a local attorney but I wanted to know what I can expect in advance.
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Transcript:
- We're with John Kelly, John is a personal injury attorney in Phoenix, Arizona. He's agreed to answer some online questions that were posted, these are related to car accidents. So with that said, John let me go ahead and ask the questions. This is from Jacob, Jacob asks, "I was in the mall with my wife and 10 year old daughter. "We were going up the stairs and my daughter "tripped over building materials, some building materials, "which were left on the stairs. "She ended up with a sprained ankle "and we went to the hospital. "Normally this wouldn't be a serious issue "but my daughter is in gymnastics "and she's extremely good. "She's having to take months off "to do rehabilitation, this situation seems "to get worse and worse. "What type of recourse is available "and in this case, what would compensation, "how would compensation be calculated?" And just as a note I said car accidents this is a compensation lawsuit.
- Right, well this is a interesting case. A lot of legal issues come up one of the first ones that I noticed is that Jacob mentions that there's building materials that his daughter fell over. So the question is, was there construction going on at the mall, that they were at? Because when you're looking at it from a personal injury perspective we have to show that there was negligence. So were these building materials in an area that they shouldn't have been that caused an unreasonably dangerous situation for his daughter? So I would want to get some documentation on that hopefully there was a report taken, maybe there was photographs that are available. The question is who was facilitating these building materials being there? Was this the mall, were they contracting out to another company? There could be different policies if it was a building construction company, they could have been, consulting with another company that we could look at, too. So we have to establish that there was negligence there and who was negligent, so that's the big issue there. Then, you look at her potential rehabilitation. And it sounds like because she's so good at gymnastics there's going to be a lot rehabilitation. So some significant medical expenses that we'd want to get her compensated for. So we'd want to look at what her hospital bills are look at those records, speak with the doctors that are doing the rehabilitation for her. And then finally, she's gonna have a lot of what we call pain and suffering, and pain and suffering includes things such as, "I was great at gymnastics, I had this career going on, "or I had a prospected career in the future, "and everything got set back because of this." So those are things that could make the claim a larger claim but this is a case that would take a lot of research, a lot of possibly an investigator getting involved, because of the scene figuring out who's involved, and those kinds of things. So I think Jacob needs to definitely talk to a personal injury attorney to get to work on that. Now noted if she's a minor that could play into it some issues in the future too, that an injury attorney would need to advise upon.
