How much to ask a country club’s insurer for regarding a trip and fall?

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How much to ask a country club’s insurer for regarding a trip and fall?

I’m a 78 year old woman who was going for a walk on a walkway in my country club community. I tripped on a raised sidewalk and fell. Luckily I did not break a bone. I scraped and bruised my leg, went to the ER, had to wear a brace for a few days in order to heal, and now have a permanent scar on my leg. The next morning the country club leveled the pavement. However, I have not sent a get well card, received a call to see how I am..nothing. I just called their insurance adjuster. They’ve not yet paid my insurance back for the ER bill. The adjuster asked how much am I looking for for the accident. They said,

Asked on August 18, 2016 under Personal Injury, Florida

Answers:

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

Answered 4 years ago | Contributor

Your personal injury claim filed with the country club's insurance carrier should include your medical bills and medical report(s). 
Compensation for the medical bills is straight reimbursement.  The medical reports will document your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
There isn't any mathematical formula for determining compensation for pain and suffering.  It just depends on the facts of the case;however, since you have a scar, you should receive additional compensation.
I would ask for quintuple the medical bills as compensation for pain and suffering, but NOT expecting to get that.  The insurance company will respond with a much lower offer and you can continue negotiating to try to get the adjuster to increase the offer.
If the case is settled with the insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit against the country club based on premises liability.
If the case is NOT settled, your lawsuit against the country club must be filed 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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