People slip and fall all the time. It can happen when you’re in a store, at work, in your home, or elsewhere. When it happens, you’d hope that you do not hurt yourself severely, but unfortunately, that’s the case sometimes.
Regardless of how badly you injure yourself, you’d like to know when you can expect some money from the lawsuit if you feel that you have just cause to bring one. The unfortunate reality is that there is no hard-and-fast answer. Many variables will ultimately determine when and if you can receive any financial compensation.
Let’s talk about the process and a few variables a little bit right now.
The Property Owner’s Liability Insurance Provider
The first thing you’ll undoubtedly want to do if you slip and fall somewhere is to contact a slip and fall attorney. There are certainly lawyers who specialize in this area, or there are others who cover different lawsuits, but this variety is one of them. Without the proper lawyer, you have little hope of navigating the complex process that is to come.
Once you’ve got a lawyer in your corner, presumably one you can pay on a contingency basis, you’ll file a claim with the property owner’s liability insurance provider. If you slip in your own home, then it’s not likely you can get any money from that unless you fell because of a faulty product, such as a ladder unexpectedly giving way because of shoddy construction or something like that.
The insurance provider will receive the claim. They’ll send an adjuster to investigate, and they’ll likely want to do so expediently. The idea is that they will probably try to negotiate a settlement based on whatever they find if they think that the situation warrants it.
The Insurance Carrier Will Likely Try to Lowball You
Insurance carriers will send claims adjustors out on cases like this with explicit instructions to lowball the injured party. If that’s you, it should not surprise you if the adjustor either tries to blame you for what happened, or else they try to downplay your injuries.
They might try to claim that you already sustained an injury before the accident and that what happened didn’t cause your current pain and suffering. They may also say that they’ll offer you a small amount that doesn’t cover all of your various medical bills, lost wages, and so forth if you just accept it and drop the case.
Your Lawyer Can Advise You
In these instances, you might feel desperate to recoup some of the money you’ve lost from the expenses we just mentioned. Maybe you can’t work while you’re recovering, and those medical bills are piling up, causing you to drain your savings.
Perhaps you have health insurance, but the hospital stay, surgery cost, or physical therapy while you are recovering are all costing you out of pocket. If you have a high-deductible plan, that’s definitely possible.
Your lawyer can urge you to either take the settlement offer or hold out for more, in which case, the case will likely go on to trial. It might be that the insurance company doesn’t want that, so they may come back with a better cash offer.
It’s Usually Up to You How Far You Want to Go
It’s generally up to the injured party to decide how long they want these lawsuits to go on. You might not want to take up any more time with depositions, the discovery process, and the days where you physically have to appear in court.
The responsible party’s liability insurance provider will count on this as well. They know that the further they drag things along, the more likely you will cave.
Your lawyer might convince you to hold out if they feel confident that you have an airtight case. It’s true that the longer you can wait and force the trial process onward, the more money you might get at the end through a jury settlement.
That might take months, though, if there’s a long, drawn-out trial process. The more expert witnesses the defense calls and the more underhanded tactics they attempt, the longer it may take for the trial to conclude and the jury to reach a verdict.
You may need superhuman patience in these cases. Sometimes, they might even take years to resolve. You’ll need your lawyer to advise you every step of the way, but you must also use your best judgment.
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