Legal Question in Personal Injury in Illinois
Slip and fall; grocery store
In April of 2005, my wife slipped on a wet mat in front of a leaking ice machine while grocery shopping at a large national grocer. The fall resulted in a torn ACL and miniscus with surgery to correct. My wife is 45, missed minimal work, and we are insured. The store has neither denied or admitted liabilty, but has offered to cover the medical bills.
I spoke to the woman handling the cliam and it was evident that she did not want us to retain counsel. I responded that I was not satisfied with their offer and she immediately agreed to work with us by considering an amount that my wife and I thought would be fair. On the phone I said I was leaning more toward 50k and she didn't flinch. The medical bills are approximately 30k.
I am worried about continued swelling and future complications as she ages. How much should I demand?
4 Answers from Attorneys
Re: Slip and fall; grocery store
You should demand at least $250,000. How do you know there will not be future complications or future limitations to what she can or she cannot do.
My office can help you in this if you have further questions.
Taradji Law Offices
Re: Slip and fall; grocery store
When making a demand, you must consider the threat you pose to this insurance company with an attorney and without an attorney. The insurance company is concerned about your hiring an attorney because they realize that there is a high probability that you may recover more with an attorney. Although it is certainly possible, it is unlikely you will recover more on your own than with a competent attorney. However, you must also factor in the fact that an attorney will likely be paid one third of any settlement. Our firm, like most any other personal injury firm will only earn the fee if you recover money. The easiest route is to hire an attorney because of the leverage the lawyer will have and you can rest assured that the attorney will be highly motivated to get the most possible. Please feel free to call us with any questions. Thank you.
Re: Slip and fall; grocery store
First, your demand is way too low for negotiating any kind of settlement that would be fair and reasonable. Second, you must speak with the treating physician and ask whether/what additional medical treatment will be required.
Sounds like there may be permanent pain & suffering and that future medical will be required. Therefore, in my opinion, $50,000 is way too low.
Re: Slip and fall; grocery store
Feel free to contact my office for a free consultation, so that we can discuss the issues you raise.
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