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 at (470) 268-5802.
Tag Archive for: Slip and Fall Injury
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. Contat Bobe & Snell Law Office LLC today at (470) 268-5802 to appropriately respond to a low settlement offer for the greatest odds of success during a personal injury claim.
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. 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. Contact us today at (470) 268-5802 If you need help in negotiating your settlement.
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. Contact us today at (470) 268-5802 If you need help in negotiating your settlement.
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.
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
In most cases, you must prove that the cause of the accident was a “dangerous condition,” if you’re injured in a slip and fall on someone else’s property. Get started today by calling us at 470.268.5802 lets discuss your claim/case with our experienced slip and fall accident attorney.
A slip and fall accident refers to the unfortunate situations when an individual falls, trips or slips due to a dangerous condition on the property of someone else. It includes falls due to water, snow or ice, and the sudden changes in a bad lighting, flooring, or a hidden danger, such as a gap or hard-to-see hole in the ground. Are you a victim of slip and fall accident. We can help you. Contact Bobe and Snell LLC at 470.268.5802
Slip Fall Injuries
Accidents can occur anytime, and they most often result in slip fall injuries. But when something or someone outside of your control caused an accident that left you injured, you may have to use the available options for legal recourse.
A slip and fall accident refers to the unfortunate situations when an individual falls, trips or slips due to a dangerous condition on the property of someone else. It includes falls due to water, snow or ice, and the sudden changes in a bad lighting, flooring, or a hidden danger, such as a gap or hard-to-see hole in the ground. The National Center for Injury Prevention and Control estimates that over eight million people suffered from slip fall injuries.
Key Theories of Liability in Slip Fall Injuries
An injured person must prove one of the following claims to hold another party responsible for the injuries he or she suffered due to a slip and fall accident:
• A property owner (or their employee) caused the hazardous condition resulting in a slip and fall accident -by leaving a dangerous obstacle in the walking path, for instance — and it was quite predictable that someone would fall and trip because of the condition. OR
• A property owner (or their employee) should’ve identified a hazardous condition (i.e. an uneven walking surface or a pothole) and repaired or removed the potential hazard, but didn’t. The crucial question here is whether a reasonable individual would’ve recognized the condition as dangerous and whether the defendant had ample time to remedy the situation before the accident happened.
Slip Fall Accident Claims
If you’ve been injured in a slip and fall accident, you may be entitled to get compensation for the costs and damages associated with your injuries. While every slip and fall claim is different, here are the common legal considerations to consider in each case:
· Slip and Fall Accident Claims -If you’re pursuing compensation for your injuries, you will have to file a slip and fall accident lawsuit or claim. When filing a lawsuit or claim in a slip and fall case, you’ll have to be prepared to submit evidence from a scene which shows the property owner knew about or should’ve known about, a dangerous condition which caused your injury.
· Slip and Fall Responsibility -Usually, the property owner could be responsible for your injuries if the person knew about the hazardous conditions OR should’ve known about the danger. Property owners must keep their premises safe, but won’t be responsible for slip and fall accidents that they couldn’t realistically prevent.
· Preventing Slip and Fall Responsibility -If you’re a small business owner or homeowner, getting an insurance can protect you from covering the costs of slip and fall accidents which happen on your property. While avoiding slip and fall accidents is ideal, an excellent business or home insurance plancan be a life saver if the guest slips or falls and injures themselves.
· Slip and Fall Attorneys -An experienced slip and fall lawyer in Alpharetta can be imperative to recovering the compensation you’re owed. Filing a slip and fall lawsuit or claim can be a difficult and frustrating process that’s made easier by the help of a highly qualified attorney.
Slip and Fall Injuries: Worker’s Compensation Law Firm
Over twenty percent (20%) of workers’ injuries in the United States are as a result of slip and fall accidents. These injuries add up to more than one million compensation cases every year. Slip and fall injuries can occur in all work surroundings, right from construction sites to hospitals or even office jobs among many other workplaces.
However, the good news is that there are worker’s compensation laws that protect victims who suffer from slip and fall injuries. In addition, the compensation laws recognize the fact that such injuries can occur easily in the workplace. As a result, that person may be owed compensation benefits for lost wages, medical bills, and many others.
Slip And Fall Injuries: Common Accidents
• Falls from heights
These include falls from staircases, machinery, or ladders.
• Falls on a slippery surface
These include falls from icy patches or spilled liquids (both outdoors and indoors)
• Same-level trips & falls
These include accidents that occur on uneven surfaces, and quick movements.
Though falls from heights might seem dangerous, any of the above accidents may result in severe injuries that might have a lasting effect. Therefore, anybody who has been hurt should not take the injury lightly.
All employers have responsibilities of keeping their employees safe. This means they must always fix know issues and any safety risks. Though companies or employers and workers try their best possible to prevent accidents from occurring, it is not possible to prevent all accidents. Slip and fall injuries are mainly caused by:
• Damaged floors
• Spilled liquids
• Broken or even missing guardrails
• Broken or cracked stairs
• Unsecured mats
• Unmarked hazards
• Broken or poor lighting
• Exposed cords & wires
Anyone who is injured in the workplace and any of these issues is responsible for the accident, he or she has a right of filing a worker’s compensation benefits claim.
Common Slip And Fall Injuries
The common slip & fall accidents usually range from severe to minor problems. The kinds of injuries resulting from such accidents include broken bones, sprains, neck injuries, strained muscles, back injuries, cuts & burns, herniated discs, spinal injuries, joint injuries (shoulders, and knees among many others), and head trauma.
We are here to help: Call Bobe and Snell Law Office we are the most competent slip and fall worker’s compensation law firm in the Atlanta area.
We are the right law firm to represent clients who have suffered from slip & fall accidents.
If you have experienced a slip or fall at work and would like further information on how workers compensation attorneys help contact us today