Personal Injury Claim: Slip and Fall Incident
In August 2024, I experienced a slip and fall accident at a local restaurant due to a leaking beverage machine. Following the incident, I went to the emergency room, where I was diagnosed with neck and back pain as well as a hip sprain, which later required hip injection shots for treatment. I faced significant difficulty in locating the restaurant’s insurance information, as the staff was uncooperative and continued to give me the runaround. After about a month of trying to obtain this information on my own, I made the difficult decision to hire an attorney.
Once I engaged legal representation, it still took time to track down the insurance details, but my attorney eventually uncovered the information through a previous case. I only began treatment for my injuries in October 2024, based on my attorney’s recommendation to ensure that the insurance company would accept liability before proceeding.
My medical expenses and lost wages now total approximately $30,000. We initiated negotiations with the insurance company, who first offered a settlement of $15,000. After I rejected this offer, they increased it to $20,000 as a gesture of goodwill. However, they argued that my delay in starting treatment—two months post-accident—was a reason to justify not raising their offer further. This seems unreasonable to me.
The next offer was $25,000 plus $5,000 in medical payments. However, the insurance representatives stated they wouldn’t consider increasing their offer until I provided medical records from two prior motor vehicle accidents in 2022, citing preexisting conditions. Interestingly, while I did sustain some neck and back pain and a hip contusion from one incident, the other resulted in broken ribs, neither of which were my fault. I wonder if the slip and fall could have aggravated my previous hip injury.
I am concerned about whether sharing those records will lead to a better offer, and if so, by how much. My attorney is pushing for a settlement, but I don’t feel the current offers sufficiently account for my expenses, especially after I pay off any associated liens. This situation is unfolding in Missouri.
It sounds like you’re going through a challenging and frustrating process with your slip and fall claim. It’s understandable that you would be concerned about the offers being presented and the impact of your previous injuries on your current claim.
Regarding the insurance company’s reasoning for the lower settlement offer due to the delay in starting treatment: Insurance adjusters often look for any gaps in treatment as a way to argue that the injuries may not be as severe or directly related to the incident in question. They may use the timing of your medical treatment to suggest that the injuries could be related to previous incidents or conditions.
As for the request for medical records from your previous motor vehicle accidents (MVAs), it’s a common tactic for insurance companies to review a claimant’s prior medical history to see if there is evidence of preexisting conditions. They may argue that any ongoing issues stem from those incidents rather than the slip and fall. However, you’re right in noting that your fall could have exacerbated your prior injuries.
When sending over the records, it does have the potential to affect the offer but could also complicate matters if the adjuster uses the information to their advantage. It’s essential that your attorney helps frame the narrative correctly that clearly distinguishes the difference between your previous injuries and the new issues resulting from the slip and fall.
Regarding the settlement amount, it’s difficult to predict exactly how much the offer might increase after providing those records, if at all. The amount may vary depending on how strongly your case is presented and the strength of the evidence showing that your current conditions are related to the fall.
Since your attorney believes you should settle, make sure you communicate your concerns clearly. You might want to discuss negotiating strategies moving forward—especially how you can present your case regarding the preexisting condition—and whether additional medical opinions or documentation could be beneficial.
Remember, ultimately, the decision to settle lies with you. If you believe that the offers are insufficient to cover your medical expenses and impact on your life, make sure your attorney understands that you want to pursue a higher settlement, and consider discussing how best to achieve that.