Negotiating for a personal injury settlement requires special skills and it is best done with the help of an experienced lawyer. The process of negotiating for a slip and fall settlement is usually divided into two phases, and sometimes these phases might overlap. In the initial negotiations phase the objective will be to recover actual costs that you have incurred directly or indirectly because of the slip and fall accident and the injuries you have sustained. The second phase of negotiations will be for claiming compensation for pain and suffering.
Common Medical Costs
While calculating actual costs there are no fixed expenses, and you need to consider everything that you have spent, which ordinarily you would not have spent, but for the slip and fall injuries. Usually these costs will include your medical bills, cost of medicine, cost of therapy, ambulance charges, emergency room fees, and cost of fuel or transportation for commuting to keep doctors or therapist appointments, and even loss of income.
You should and need to be reimbursed for all of this. You are not even getting into what you should be paid for when it comes to emotional trauma. This does not even come close to covering the loss you are facing in terms of missing work. On top of this, the damage to your bike or car if you happen to be on or in one of them, respectively, when this accident occurred.
You are responsible for providing the adjuster or the party at fault, with all the bills and supporting documents related to these expenses. Make sure all bills and documents are properly dated, which will show that you incurred these expenses after the date of accident.
Pain & Suffering
The next phase of negotiating for compensation for pain and suffering (already briefly mentioned) will be a little tricky, since there is no fixed way of putting a dollar amount for the pain you might have suffered. Usually a multiple of the actual costs that you have incurred is taken, but this will vary between cases and between insurance companies. The main thing to consider is whether the amount you are claiming for pain and suffering would seem reasonable to a jury if your case went to trial. An experienced lawyer will be able to guide you and help you figure out, how much your case is actually worth.