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 8 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.
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