When someone has a slip and fall there are many issues to resolve in order to determine a settlement value. A quick basic formula is about one-and-a-half to three times when the injury is relatively minor, and up to five times or more when the injuries are particularly painful, serious, or long lasting.
Insurance adjusters do not reveal their formula. They will basically low ball an offer and see what you will accept. Time is always on the adjuster’s side. There is always a statue of limitations for injury claims and if you waste too much time negotiating you might miss the deadline to file suit. That is means that if the statute of limitations passes before you file suit, your claim will go away.
Hard injuries are worth more than soft tissue injuries. Soft tissue injuries are muscle and other soft connective tissues injuries. Hard injuries are more objective proven, such as broken bones.
Do not rush to settle. The seriousness of your injuries, and therefore, the amount of compensation you receive is determined by:
- The exact nature of the injuries
- The amount and type of your medical treatment
- How long your recovery takes, and
- Whether you have any residual or permanent pain or disability
In injury claims it is impossible to know fully what any of these elements will be until weeks or months after the accident, when treatment has ended and the injuries have healed. If you settle your claim too early, you may be seriously undervaluing your claim.
Depending on your claim you may be able to recover damages such as loss wages, property damage, lost opportunities and pain and suffering.
A big factor in the determining the value of your claim is how strong a case of “negligence” you can prove. If you can’t prove negligence, you do not have a claim. If the negligence claim is weak, the lower the value to the case. If negligence is strong, then you have a better chance of getting full recovery for your claim. Therefore, you must gather information to prove your negligent case.
Slip and fall cases are not easy to prove negligence. Just because someone slip and fall on someone’s property does not prove negligence against the property owner. There are many factors to prove negligence in a slip and fall case. It is good to consult an attorney on a slip and fall case. The laws are specific on proving rather or not the property owner was negligent in a particular case.