How To Negotiate A Detroit Slip and Fall Settlement

To get full and fair compensation for your slip and fall injuries, you need an experienced attorney who knows how to negotiate a slip and fall settlement which includes ensure you receive the proper medical attention, gathering critical evidence, calculating your damages (including pain and suffering compensation and reimbursement for medical costs and lost wages), and overcoming the insurance company’s low-ball tactics.

Making a mistake in any of these phases of the settlement process can diminish the value of your case.

When you hire a lawyer, be sure that he or she has the experience, specialized knowledge, track record of success, and reputation to get you every penny you deserve. And keep in mind that there’s no risk in hiring the best and most qualified lawyer you can find as your consultation is always free and you will never pay a dime until you win!

Seek medical attention right away

Being seen and evaluated by your doctor immediately after your accident is critical not only for your recovery, but also for your settlement negotiations. It’s important to connect your injuries to the accident, and if you delay medical treatment, the insurance adjuster will claim you were not actually hurt in the accident, but at some point thereafter.

Even if you don’t think you were hurt, or you believe your injuries are minor, it’s still important to seek immediate medical attention as many slip and fall injuries don’t show symptoms until days or even weeks later because of your body’s initial adrenaline response and the use of strong painkillers. But these injuries can still be very serious, and when the adrenaline wears off, and you stop taking your pain medication, symptoms you did not feel at first may begin to appear.

It’s also important to follow your doctor’s orders, get necessary diagnostic testing, and see specialists as needed. Not only will this speed up your recovery, but it will help you and your Detroit slip and fall lawyer assess your damages and negotiate a full and fair settlement.

Gather critical evidence

Your case depends heavily on your evidence. So, preserving and gathering critical evidence is sometimes the key to negotiating a maximum settlement. As soon as you hire an experienced slip and fall lawyer, he or she will begin gathering evidence and sending preservation notices to the defendant. These notices require the defendant to retain any and all evidence that is relevant to your claim.

Important evidence includes:

• Incident reports
• Medical records
• Photos
• Videos
• Witness statements

Assess your damages

Negotiating a full and fair settlement often depends on an accurate assessment and calculation of your damages (pain and suffering, medical expenses, and lost wages). As such, it’s important to track and document your injuries from the time of your fall. Taking photos of your injuries at regular intervals during the healing process, maintaining detailed medical and employment records and receipts, and keeping a journal describing your pain and suffering are all important steps you can take to help your lawyer negotiate the best possible result in your case.

It’s also important to consider future damages before making your settlement demand. Many slip and fall injuries require long-term care and significant time off work. An experienced slip and fall lawyer knows how to calculate future damages and negotiate a settlement that reflects the full value of your case.

Be familiar with the insurance company’s tactics

Insurance companies are not your friend. They don’t want to admit liability for a slip and fall accident, and they certainly don’t want to pay you a significant sum of money for your injuries. As such, there are certain tactics they use in an attempt to discredit you and absolve themselves.

Understanding and being aware of these tactics is critical to your slip and fall lawsuit, and falling into their trap can sink your case.

The most common insurance company tactics are:

• Low-ball offers – Insurance adjusters want to get rid of your case quickly and cheaply. As such, they will often present a low-ball offer and then bully you into accepting it. Never sign a settlement agreement, release, waiver, check, or any other type of legal document without consulting your lawyer.
• Downplaying of injuries – Insurance adjusters will look for ways to claim your injuries aren’t as bad as you say, or are not connected to the accident at all. Be sure to see your doctor right away and attend all follow-up appointments so that you can connect your injuries to your fall and back up your claim.
• Surveillance – Insurance adjusters are also known for using aggressive surveillance in an attempt to catch you doing something you said you couldn’t do. Be aware that they are often discreet, so you may not see them. If you do get caught trying to stretch your limits, be honest about it and let your lawyer explain.

Be ready for the negotiation process

When settlement negotiations begin, things can move quickly. It’s important that you are ready when it happens. You should have all of your records and any evidence that backs up your claim readily accessible when requested.

You should also be prepared for what can be a tense back-and-forth between your lawyer and the insurance adjuster. More often than not, the adjuster will begin negotiations with an offer that is far less than the actual value of your case. Don’t be alarmed and be patient. An experienced slip and fall lawyer will have been through this process many times, and will push back until you receive a full and fair settlement offer. And if you don’t, your lawyer will take the case to trial.

Hire the best slip and fall attorney you can find

An experienced Detroit slip and fall lawyer who specializes exclusively in this area of law and has both a strong track record and an excellent reputation is your best bet when it comes to negotiating a maximum award amounts and getting full compensation for your injuries. A lawyer with these attributes comes with instant credibility in the negotiation process. Insurance adjusters know when they’re facing an amateur and when they’re facing a pro. Having an accomplished and reputable lawyer on your side will ensure that your negotiations go well and your case settles for what it’s actually worth.