Slip and fall accidents are a leading cause of serious injuries, including broken bones, hip fracture, and traumatic brain injury (TBI). In particular, the risk of long-term damage to your head and brain are exceptionally high with fall-related injuries. According to the Center for Disease Control (CDC), accidents like slip and falls are the most common cause of TBI.
Most patients with injuries to the head from a slip and fall experience headaches on a frequent basis. This can happen even if you have mild traumatic brain injury, also known as a concussion. If you are struggling with post-traumatic headaches after you slipped and fell, you may be wondering about the best course of action to manage your symptoms. Perhaps you’ve spoken to your doctor, or done some research on your own and came across Botox, aka botulinum toxin injections, as an effective treatment for chronic migraines. Even if it is, there’s another question that may be on your mind:
“Can I sue for the cost of Botox injections after a slip and fall?”
The California slip and fall lawyers of Normandie are here to assist you with any concerns you have about your legal rights. To schedule a consultation with one of our attorneys, please give us a call at your earliest convenience.
Is Botox an Available Remedy for Headaches caused by a Slip and Fall?
Yes, Botox is an available remedy if you are suffering from chronic headaches after a slip and fall. While people see Botox as a way to reduce wrinkles, there’s credible evidence to show that these injections can reduce the occurrence of post-traumatic migraines.
How do these treatments work? When you have a headache, your body releases neurotransmitters that cause pain in your head. Experts believe that botulinum toxin injections interrupt the process of pain transference between the brain and the nerves in your spinal cord. Typically, the drug is injected into the muscles in your face, head, and neck, where it’s absorbed into your nervous system. Most people require more than one set of injections, and four or more weeks may be needed before you notice a reduction in the number of headaches.
It’s important to note that Botox is part of a comprehensive treatment plan for headaches due to a slip and fall accident. Your doctor will talk to you about other methods to manage your symptoms, which are essential for reducing the frequency and severity of your headaches from a slip and fall injury.
Who is Responsible if I need Botox due to a Slip and Fall Accident?
Now that you know about the ways Botox can help you with trauma-induced migraines, you are probably wondering, “Who is responsible for the cost of my treatments?”
If your slip and fall injury was caused by another party’s negligence or misconduct, you have the right to sue them for your financial and emotional losses. These are known as damages, and they include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Legal expenses
- Punitive damages
Botox injections for a headache would fall under medical expenses, which include the cost of treatments you may need for the rest of your life. A lawsuit will compensate you for these costs, but you will first need to prove who is liable for causing your accident. Responsible parties in a slip and fall include individual property owners, private companies / organizations, and public entities (such as schools and government agencies). In order to prove liability by any one of these parties, you will need to show that they knew, or should have known about a dangerous situation, but failed to do anything about it.
Let’s say for example, that there was a puddle in front of a store due to a leaking pipe. Because it’s a cold day, the puddle was partially frozen, which caused you to slip and fall down. The pipe had been leaking for weeks, but the store owner failed to call a plumber or put up signs / barriers warning people to steer clear of the area. This is a clear case of negligence, which entitles you to monetary compensation from the store.
The circumstances of your accident may be more complicated, which is why you must speak to a lawyer immediately to learn about your legal rights. The lawyers of Normandie are standing by to assist you, so don’t hesitate to give us a call.
Can Plastic Surgery help with other Injuries from my Accident?
Considering the serious nature of a slip and fall accident, it’s likely that you have other injuries aside from trauma to your head. Plastic surgery may be necessary to help you recover from the following health issues:
Deep cuts on your body can cause permanent scarring. If there is an extensive amount of scar tissue, it can limit your mobility and interfere with basic tasks like walking, driving, and typing. Reconstructive surgery can help restore function in these areas, along with improving your overall appearance.
Broken facial bones
Facial bones are very prone to damage during a slip and fall. To avoid permanent damage to your nose, jaw, eye sockets, and cheekbones, it may be necessary to see a plastic surgeon for reconstructive surgery. Early intervention can help you avoid life threatening complications, such as blood clots and breathing problems.
Burn injuries are not uncommon with slip and fall accidents, especially at places like restaurants, hotel breakfast rooms, and shopping mall food courts. Your doctor may recommend plastic surgery after your wound has healed in order to restore function and improve the appearance of the area where you were burned.
One thing we want to stress is the emotional distress that victims experience from scarring and disfigurement. This is a constant reminder of their accident, which can trigger PTSD and other mental health disorders. Emotional trauma is a compensable injury in a slip and fall lawsuit, and plastic surgery may be a legitimate treatment to reduce the appearance of your injuries, i.e., the source of your trauma. However, insurance companies are very black and white when it comes to plastic surgery, and it’s difficult to get approval for this type of treatment without help from a personal injury attorney.
The slip and fall injury lawyers of Normandie will ensure that you are sufficiently compensated for the costs associated with your accident. Contact us today and schedule a free case evaluation.
What is the Average Value for a Slip and Fall Lawsuit?
Chronic headaches after a slip and fall are a classic sign of traumatic brain injury. Even cases of mild TBI may be worth around $1 million or more in damages. In extreme cases, where the victim has lifelong medical needs, settlements can go all the way up to $5 million and above, especially if the victim has other injuries like broken bones, damage to the internal organs, and hip fracture. The most valuable cases involve accidents on retail / commercial properties, like big box stores, supermarkets, office buildings, and hotels.
But any slip and fall accident can cause significant losses, including future medical costs, mental health disorders, and weeks or months of lost wages. If the injuries are serious enough, the victim may be unable to resume their work duties, which may entitle them to future loss of income. It’s essential to look at the big picture when it comes to these cases, and not just your immediate needs. One of our slip and fall injury lawyers can help you in this area and ensure that you are fairly compensated for your harm and suffering.
How long will it take to get Paid for my Injuries?
It’s completely understandable when clients ask, “How long does it take to settle these cases?” We aim to settle all slip and fall cases within the first 6 to 8 months of filing the injury claim. But unexpected complications may arise, which will take time to resolve. For example, the other side’s insurance company may insist that Botox is a plastic surgery treatment that’s unnecessary following a slip and fall. We know what it takes to overcome these arguments, but the process can certainly add to the amount of time it takes to recover your payment. That’s why some cases take 12 to 18 months to negotiate. In the event negotiations are unsuccessful, two or more years may be needed in order to recover a fair amount of damages for your injuries.
Second Opinion from a Lawyer Experienced in Slip and Falls
Our attorneys provide free second opinions for people with active lawsuits. People want second opinions for many reasons, but in most cases, it’s because they’re not getting the attention they deserve from their current lawyer. This can happen if a lawyer is unable to manage their case load or doesn’t see the client’s accident as a priority. Sometimes, incompetence is behind the problem, meaning the attorney doesn’t have the skill and experience that’s needed for a claim. We can review your case for free and advise you of the steps you can take, which may include switching your lawyer. If you’re interested in continuing your case with us, we will handle the transfer process with your current firm, so you don’t have to do a thing. But this is completely up to you, and the consultation is free even if you choose to stay with your lawyer. To schedule a second opinion consultation, contact us at our office.
Contact Normandie Law Firm
If you’ve been injured in a fall-related accident, your main concern is the costs associated with your recovery. Legal representation from an experienced law firm is critical to obtaining the damages you’re entitled to. But many people are worried about the price of hiring an attorney and try to negotiate the settlement process on their own. This often results in unsuccessful claims against insurance companies, who will do everything they can to deny liability.
As an injury victim, the cost of legal fees is the last thing you should have to worry about. Under our Zero fee guarantee, we will cover the entire cost of your lawsuit and wait until the end of your case to recover our expenses. If we don’t bring you the damages you deserve, there is no cost to you whatsoever. To take advantage of our no upfront cost policy, contact the lawyers of Normandie for a free consultation.