Personal Injury Claim: Slip and Fall Update
In August 2024, I had an accident at a local restaurant when I slipped and fell due to a leaking beverage machine. I went straight to the emergency room, where I was treated for neck and back pain, as well as a hip sprain, which later required hip injection shots.
I initially struggled to obtain the restaurant’s insurance information; every time I reached out, I was met with evasive responses and uncooperative behavior. After a month of frustration and unsuccessful attempts at getting the information, I made the difficult decision to hire an attorney. Although it still took some time, my attorney eventually tracked down the insurance company through their prior cases.
I didn’t begin treatment for my injuries until October 2024, as my attorney recommended waiting until we established liability with the insurance. I ultimately reached Maximum Medical Improvement (MMI), and my medical bills and lost wages amount to around $30,000.
Negotiations with the insurance company began with a settlement offer of $15,000, which I declined. They later increased their offer to $20,000, citing my delayed treatment as a reason for their reluctance to further raise the offer. I found this reasoning questionable and declined again. Their next offer was $25,000 plus $5,000 for medical payments, but they insisted that any further negotiations would depend on my providing medical records from previous auto accidents I had in 2022, which they claimed contributed to my current issues.
While I did experience neck and back pain from one accident and a hip contusion from another, neither of those incidents were my fault. Furthermore, I believe the slip and fall incident could have aggravated my previous hip injury. I’m left wondering if sharing these records will significantly increase their offer, and by how much.
My attorney is pushing me to settle, but I feel the current offer won’t be sufficient, especially after I cover all the liens related to this claim. This situation is taking place in Missouri, and I’d appreciate any advice or insight from those who’ve faced similar challenges.
It sounds like you’ve been through quite a challenging ordeal following your slip and fall accident. Here are some points to consider regarding your situation:
Preexisting Conditions: Insurance companies often try to minimize payouts by citing preexisting conditions. It’s common in personal injury claims for them to request medical records related to prior injuries, especially if they believe there might be a connection to your current claim. However, your attorney should argue that even if you had existing injuries, the slip and fall could have exacerbated them.
Timing of Treatment: Delaying treatment can sometimes affect how insurance companies view the severity of your injuries. They might argue that if you didn’t seek treatment right away, your injuries weren’t serious. However, you and your attorney can assert that you were waiting to ensure the insurance would accept liability before incurring medical costs.
Negotiations with Insurance: Since you’ve already countered their last offer, it’s important to continue negotiating based on the medical evidence that shows the extent of your injuries and their impact on your life. Presenting clear documentation and a solid argument that the slip and fall aggravated your prior injuries can help strengthen your position.
Settling vs. Continuing the Fight: If your attorney is advising you to settle and you feel the offer is insufficient, discuss your concerns thoroughly with them. They should be able to provide insight into the likelihood of a better offer versus the risks associated with continuing to negotiate or taking the claim to court.
Potential for Higher Settlement: While there’s no guarantee that sending previous records will lead to a better settlement, having a full understanding of your medical history can help your attorney advocate effectively on your behalf. They may be able to leverage that information to argue that this slip and fall significantly impacted your condition, which could lead to a better offer.
In summary, keep communication open with your attorney, express your concerns about the current offer, and weigh the pros and cons of settling now versus potentially holding out for a higher amount. Remember, it’s always important to feel comfortable and confident with the decision you make in this situation.