How to Negotiate a Slip and Fall Settlement

How to Negotiate a Slip and Fall Settlement

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How to Negotiate a Slip and Fall Settlement

There are a couple of things you should know about negotiating a slip and fall settlement. Firstly, negotiation is a skill many people, including attorneys, lack. Secondly, the terms of negotiations depend on the unique circumstances of your claim.

When negotiating a settlement agreement with an insurance company or another party, you need to know what you are entitled to. You also need to know how the law protects you in different situations relating to your case.

At Morgan and Morgan, we can help negotiate a reasonable settlement with the other party if you were injured due to their negligence. However, to prove the best possible legal representation, we will need to review the specifics of your case when you fill out our free case evaluation form.

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FAQ

Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

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  • How Do I Determine the Settlement Amount?

    Many factors will influence the amount of compensation you may be entitled to, as discussed below.

    The Strength of Your Case

    One of the reasons the other party will agree to negotiate a reasonable settlement is that you have a strong case against them. In most cases, when you have a strong case against the defendant, they will want to settle the case out of court.

    This is especially common when filing a claim against a big company or cooperation. Court cases involving such big players tend to get a lot of media attention, which is bad for their publicity. As a result, the defense will likely agree to settle the case out of court to avoid negative publicity. However, this will happen only when you have a strong case against them.

    Your Percentage of Fault

    Let's say you were partly responsible for the accident. In that case, if you live in a pure contributory negligence state, you can recover compensation based on your percentage of fault. However, remember that when you are partly at fault, the other party will have an excuse to negotiate an unreasonable settlement.

    The Post-Accident Procedure

    The steps you take after a slip and fall accident could make or break your case. Other times, these steps could influence the settlement you may be entitled to. For example, say you failed to follow the doctor's instructions after your injuries. In that case, the other party could claim that you were not that injured in the first place.

    Such a claim does not dispute the fact that you were injured. Rather, the defense could argue that a severely injured individual would not ignore the doctor's instructions. As a result, this argument could influence the settlement.

  • Should I Hire a Lawyer to Help With the Negotiations?

    Yes, a lawyer can help you navigate complex situations when negotiating a reasonable settlement with the other party. In fact, the at-fault party will not take you seriously if you do not have an attorney. It is even worse when you file a claim against an insurance company.

    These companies make millions of dollars every year and can afford some of the best insurance defense attorneys to represent them in complex cases. Since attorneys only serve their client's best interests, you will likely lose the case if you do not have a lawyer fighting for you.

    Before you even begin the negotiations for a reasonable settlement, you need to know how much your case is worth. In most cases, when plaintiffs do not have legal representation, the defendant seizes the opportunity to propose lowball offers. They do this tactically, ensuring that the settlement is just good enough to take your eyes off the main prize but not sufficient to care for expenses deriving from the accident.

    For instance, the insurance company might only propose a settlement for medical expenses and lost wages. Sounds fair enough, right? Not really.

    You may be entitled to more than your medical expenses and lost wages. What if we told you that you might be entitled to compensation for your pain and suffering, mental distress, and post-traumatic stress disorder originating from the accident?

    That's something you should not expect the insurance company to tell you during the settlement negotiation process. But on the other hand, since a personal injury attorney mostly gets paid when you win, they will always want to maximize your claim.

    In a typical slip and fall case, you can recover economic and non-economic damages, such as:

    • Past, current, and future medical expenses
    • Lost wages
    • Lost earning potential
    • Pain and suffering
    • Mental distress
    • Loss of enjoyment of life

    A seasoned slip and fall attorney can review these damages and place a dollar value on them.

  • When Should I Hire an Attorney?

    Now that you understand the importance of involving an attorney in the settlement negotiation process, let's discuss when to contact them. As a general rule, you should contact an attorney if you have suffered serious injuries from the slip and fall incident.

    The attorney will assess your injuries and help determine what damages you may be able to claim. The same applies if you experienced a lot of pain and suffering from your injuries and seek compensation up to tens of thousands of dollars or even more.

    You will also need an attorney if your injuries require long-term treatment. For example, if you need to see a physical therapist several times a week for months or years after the accident, you should consider hiring an attorney. The lawyer will calculate the cost of past, current, and future medical expenses and include them in your claim.

    Lastly, and most importantly, you need an attorney if the other party refuses to take responsibility for the accident. An experienced attorney can help collect crucial evidence to prove your case and hold the at-fault party accountable for their actions or inactions.

  • How Long Will the Negotiations Take?

    The duration of the settlement negotiations will depend on the at-fault party's willingness to settle the case. If they are unwilling to settle, the case will likely go to court, prolonging the process. On the other hand, if they are willing to negotiate a reasonable settlement out of court, everything might be settled within a few months.

  • Should I Accept the Initial Offer From the Insurance Company During the Settlement Negotiations?

    The initial offer from the insurance company does not usually reflect the actual value of your claim. Rather, they use it to “test the waters.” In other words, they want to know whether you would accept a lowball offer. This gamble works most of the time, especially when targeting individuals who do not have attorneys fighting for them.

    However, this does necessarily mean that you should automatically reject the initial offer. On the contrary, it means you should know what you are entitled to as compensation for your injuries based on the specifics of your case.

    Rejecting the initial offer does not mean the insurance company will return with a better one. In fact, some insurance providers will not agree to offer anything better than the initial offer. Some do this to test your patience; others probably know they will win the case if it goes to court.

    The bottom line is that the best way to find out whether the initial offer from the insurance company is worth it is by hiring an experienced attorney. The attorney will review your damages and compare them with the initial offer, then file a counteroffer if necessary.

    The counteroffer from your attorney will include the following:

    • An overview of the case and the facts
    • Applicable laws that hold the at-fault party responsible for your damages
    • A description of the injuries and damages you or your loved one sustained due to the at-fault party's actions or inactions
    • Proposed settlement amount
    • Proof of damages
  • Where Can I Find a Competent Attorney to Help Me Negotiate a Slip and Fall Settlement?

    If you are looking for a compassionate and competent attorney to help you negotiate a reasonable settlement, you have come to the right place. Here is why you should consider working with a Morgan and Morgan attorney:

    We Are the Nation's Largest Injury Firm


    Morgan and Morgan is the largest personal injury firm in the country. It has taken us many years of hard work and dedication to build this reputation.

    For this reason, insurance companies know about us, what we do, and how we do it. The most significant advantage of hiring the nation's largest injury firm is that our reputation speaks for itself. It is unlikely that the other party will want to play games when they know you have Morgan and Morgan attorneys by your side.

    Our Lawyers Are Never Afraid to Go to Trial

    Secondly, although our attorneys are skilled negotiators, they are never afraid to go to court. That is a critical characteristic of a competent attorney, especially when negotiating a reasonable settlement for your injuries.

    An attorney who is not afraid to go to court will always stand with what they believe you are entitled to as compensation for your injuries. On the other hand, when the attorney is afraid to go to court, they will likely settle for a lowball offer just to close the case and move on to the next. So what is the point of choosing a lawyer who will settle for a lowball offer if you can represent yourself and keep the entire settlement amount?

    The bottom line is that you are better off representing yourself than hiring an attorney who will settle for anything.

    We Have a Solid Record of Winning Huge Settlements

    When you hire our lawyers, you will not have to worry about lowball offers. To put things into perspective, our lawyers have recovered more than $13 billion as compensation for our clients. We would not have recovered such a substantial amount had we settled for just any offer.

    We Have Powerful Legal Resources to Fight for You

    A law firm's powerful resources play a crucial role in the settlement negotiation process. When negotiating a settlement, you must provide facts to support your case. And to have these facts, you must have access to powerful legal resources.

    But the truth is that not every law firm you encounter in your city has access to these resources. Unfortunately, some may not be honest to tell you this. Others are desperate to get that all-important win and hopefully attract more clients thereafter.

  • There Is Only One Morgan and Morgan – Contact Us Today

    As the country's largest personal injury firm, we have powerful resources to investigate slip and fall claims and build a strong case against the at-fault party. All you need is a valid claim, and we will handle the rest.

    Not sure if your case is valid? Fill out this free case evaluation form to find out.

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