After suffering injuries in a slip and fall accident, several factors might significantly influence any slip and fall settlement or verdict. Some of those factors can be pivotal in determining the amount of any settlement or verdict. Since you want to pursue the maximum value of your claim or lawsuit, keep the following five factors in mind.
Evidence of Fault
This type of evidence might consist of an incident report, surveillance camera footage of the incident, eyewitness statements, and scene photos.
The Nature and Extent of Your Injuries
Is your injury permanent? Nearly all strains or sprains involving muscles, tendons, and ligaments will heal in six to eight weeks. These damages are not as compensable as permanent injuries, such as severe traumatic brain and spinal cord injuries, traumatic amputations, burns, and Fractures.
Your Medical Records and Bills
Expect the opposing insurer to look at these in exacting detail. Please do seek medical assistance immediately after the slip and fall incident. If you experience any pain or discomfort, ask the 911 operators to send paramedics and the police. The paramedics will treat you at the scene and transport you to the emergency room of a local hospital.
It might be alleged that you are partially to blame for the slip and fall accident. Whether or not that's proved, you'll still recover compensation for your injuries, but any settlement or verdict would account for the percentage of fault assigned to you.
The Request for a Statement
You’re likely to be contacted by the opposing insurance firm shortly after your accident “just to determine if you’re feeling any better.” That’s just a pretext for trying to get a recorded statement from you about how your accident happened. Never give an opposing insurer a statement without an attorney being present on your behalf. The law doesn’t require you to provide one. That opposing insurer's representative already knows how the accident happened. They possess a duplicate of the police or other incident report. If that person says your claim is denied and closed for want of a statement, contact a qualified and experienced personal injury lawyer immediately. Upon being retained, they will contact the opposing insurance company.
An opposing insurer will do everything possible to devalue your injury claim. Until you retain quality and experienced personal injury lawyer, protect your claim or lawsuit by keeping these five factors that could impact your slip and fall accident settlement in mind. William John DiPetrillo & Associates, P.A. will advise you further. We have over 24 years of experience in accident settlements and is a member in good standing of the Florida Bar Association.