How much money should I ask for on a slip case?

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How much money should I ask for on a slip case?

I slipped up and fell on some form of white liquid in a grocery store eight months ago. the store is now trying to settle the case with me and ask me how much am I looking for. I really don’t know what to tell them. I sprained the muscles in my back.

Asked on March 15, 2012 under Personal Injury, Alabama

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have completed your medical treatment and have been released by the doctor or have been declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the store's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  I would ask for quadruple the medical bills to compensate for pain and suffering, but not expecting to get  that.  That would be a starting point in negotiations.  If you are having residual complaints of pain or other problems from the injury, you might want to ask for more than quadruple the medical bills.  If the medical reports state that you will need future treatment, the estimated cost of that future treatment discounted to present value should be included.  If you ask for quadruple the medical bills to compensate for pain and suffering, the store's insurance carrier will respond with a much lower offer.  You can continue negotiations to try to get the insurance company to increase its settlement offer.  If the case is settled with the insurance company, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file your lawsuit for negligence against the store.  If the case is NOT settled with the store's insurance carrier, you will need to file your lawsuit for negligence against the store prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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