Slip And Fall Claims
Do I need to ask for a settlement amount in a slip and fall claim?
During a walk I slipped on some algae on the sidewalk and fell onto my arm. The homeowners filed a claim with their insurance and it was determined that the algae was there due to the homeowners failure to properly install a drain. I am currently going to physical therapy for a rotator cuff injury with a lot of pain. The insurance company sent me a letter stating that they are prepared to offer me a settlement for my injury. The letter did not indicate an amount. Do I continue waiting on another letter with an offer, or is it my responsibility to ask for an amount? Thank you.
This answer is for general information and education only. It is not legal advice.
Be aware that if you reach an agreement on an amount, they will want you to sign a release ending all further claims arising out of that injury. So you need to make sure the settlement is enough to cover.
You are entitled to have your medical bills and physical therapy bills paid (including future ones, so long as they involve this injury), and to be compensated for any lost income you may have suffered. You are also entitled to be compensated for the pain you have endured.
A rule of thumb that is sometimes used in these types of cases is that the damages for pain should be anywhere from 1 to 4 times the medical and therapy bills.
If those numbers are adding up, it would be worth your while talking to a lawyer, because your chances of getting the insurance company to pay and amount that is closer to the 4x than the 1x for pain damages are far better. On the other hand, if the numbers are reasonably small, put together all of the receipts you can, get a letter from your doctor outlining future treatment required for this injury, and demand something in the neighborhood of 5 times the total of the past and future medicals (plus any income loss).
Winning Slip & Fall Lawsuits In New York
