Slip and Fall Accident Attorney

Slip and Fall Accident Attorney: How Much Should You Settle For?

After a car accident, slip and fall injury, or other accident, you want to resolve your case/claim quickly and fairly, but how do you know what is fair? Hiring a slip and fall accident attorney Atlanta to help you negotiate a settlement increases your chances of getting fair compensation for your injuries.

If you have filed a personal injury claim to pursue compensation, the first thing that you should do is to put your value on the case before you can start negotiating a settlement. You cannot negotiate until you know how much money you’re looking for.

Your goal, in deciding how much to settle for, is to settle the case or claim for what a jury might award in your jurisdiction if you won at trial while considering your chances of winning the case.

Your Chances of Winning a Trial

What are your realistic chances of winning the case at trial? You should do a realistic and objective assessment of your chances of winning the trial. To do this, you should understand and evaluate the evidence for and against you, considering the credibility of all the witnesses, including yourself, and have a good sense of what the juries have been doing in your jurisdiction over the past few years.

You should have a real sense of your realistic chances of winning at trial before you can start thinking about the damages you can recover.

The Damages A Jury Might Award

The two types of damages that can be recovered in a personal injury case include:

  • damages that can be calculated to an exact figure (called “special damages”)
  • damages that can’t be calculated (or “general damages”)

Damages whose exact value can be calculated, or special damages include medical bills, lost earnings and lost earning capacity, and other financial losses. Damages that cannot be calculated and have no exact value include emotional distress, pain and suffering, and related claims.

You should not only know what damages you want to recover but also what types of awards juries have been making in your jurisdiction. For example, if you’re in a very conservative jurisdiction where juries simply don’t make large awards of damages, no matter how bad your injury is, you’ll need to lower your expectations on damages.

On the other hand, if your trial is or will be taking place in a state where juries often award monumental damages for even a small injury, then you certainly will want to raise your settlement figures.

Calculating what a jury might award can be difficult at best, but a ballpark is what you and the claims adjuster might negotiate from. You can consult our Atlanta slip and fall accident attorney at Bobe & Snell Law Office LLC to help you get an idea of what the value of your injuries, property damage, and general damages may be.

Putting It Together

How do these two concepts go together – your chances of winning the case and what damages you might receive? It comes down to math.

Very roughly, you might want to try to settle the case for about $50,000 if you think that you have a 50% chance of winning at trial and that a jury is likely to award you about $100,000 as damages.

However, keep in mind that every case is different and that this is only an extremely rough outline of settlement valuation.

Negotiation Tactics

You’re ready to begin settlement negotiations once you have a good idea of what you’re hoping to settle the case for. The first move will always be up to you. Insurance companies like the claimant to put the first number on the table through a demand letter. They don’t want to offer one cent more than they should.

So, if, hypothetically, demand less than they would have offered because you miscalculate the value of the case, then they will lower their offers accordingly (of course, considering what you asked for).

The big question when making the initial demand is how much to ask for. Ensure you make an initial demand that gives you room to negotiate so it should be big enough. For example, you will have very little room to maneuver if you demand $90,000 and you want to settle the case for $80,000.

As a rule of thumb, your initial demand should be at least twice – if not more – what you’re looking to settle the case for so that you give yourself room to negotiate.

The next big issue is your response to your adjuster’s offer and how much to reduce your demand. That is tricky and depends on the issues in the case, how far away the case is from a trial, and even the relationship between your Atlanta slip and fall accident lawyer and the defense attorney, if the case is in a suit.

Every case is different, and therefore, there simply are no hard and fast rules on how to conduct injury settlement negotiations. If you’re trying to settle your personal injury case directly with the adjuster, you should do what feels right to you.

If you reduce your demand too quickly, you might leave some money on the table, but, if you do not reduce it quickly enough, the adjuster might lose interest and not increase his/her offer. It’s a delicate balance.

If you’re engaged in settlement negotiations and feel that they’re bogging down, you should contact a qualified, experienced, and dedicated slip and fall accident attorney Atlanta to protect your rights and help secure the compensation that you deserve.

Responding to a Low Settlement Offer

Dealing with an insurance company is one of the most difficult things when pursuing a personal injury claim to secure compensation for your injuries.

Even if you succeed in proving someone else’s liability for your accident and injuries, you may then have to contend with a lowball settlement offer or other bad faith tactics from an insurance adjuster to ensure a fair settlement.

Slip and Fall Accident Attorney

Our experienced, reputable, and dedicated Atlanta slip and fall accident attorney at Bobe & Snell Law Office LLC know how to appropriately respond to a low settlement offer for the greatest odds of success during a personal injury claim.

If you need help in negotiating your settlement, contact us today at (470) 268-5802 or contact us online to schedule a free, no-obligation case review.

Slip and Fall Accident Attorney

Slip and Fall Accident Attorney