- October 4, 2024
- Tucker Law
- Slip and Fall Accident
If you’ve ever tried negotiating with an insurance company, you probably know it’s no simple task. They might be friendly on the phone, but make no mistake — their goal is to settle for as little as possible.
They’re trained to minimize your claim, whether by downplaying your injuries, suggesting you were at fault, or offering a quick, low settlement before you’ve fully grasped the extent of your damages. It’s hard not to feel discouraged when you’re up against that kind of pressure.
We’ve seen it time and again at Tucker Lawyers PC. Our clients come to us exhausted from trying to get a fair deal on their own. They’ve been through enough already, and the last thing they need is an insurance adjuster trying to lowball their claim. That’s why we’re here — to stand up for you, ensure you avoid common mistakes, and make sure you get what you’re entitled to. We know the tactics insurers use, and we know how to fight back.
When you work with us, you’re not just another case number. We understand that each person’s situation is unique, and we take the time to listen to your story, understand your needs, and build a case that ensures you’re treated fairly.
How Do Slip-and-Fall Settlement Negotiations Work?
Filing a slip-and-fall case often involves a lengthy process that can extend over several months before reaching trial. Initially, after you file the complaint, there’s a phase of negotiations where both parties attempt to settle the case, avoiding trial. It’s common for most accident claims to be settled out of court, with a settlement agreement providing a definite offer to release all legal claims.
However, settling can involve extensive negotiations over months, especially early in the case when the responsibility and extent of damages may not be clear. As litigation progresses, a clearer picture usually emerges regarding potential liability and the potential compensation for injuries.
Typically, the insurance company’s game plan is to make low initial offers, as they aim to minimize costs by settling quickly. The dynamics might change once you engage a slip-and-fall lawyer, prompting the insurance company to consider your claim more seriously.
Negotiations often continue right up until the trial, and it’s not uncommon for cases to settle even on the trial day. Opting for a settlement can benefit all involved parties since it avoids the uncertainties, expenses, and stress of a jury trial, offering a more controlled and predictable resolution.
The Insurance Company’s Game Plan to Avoid Paying a Settlement
When you file a claim after a slip-and-fall accident, you expect the insurance company to cover your medical expenses and other damages. Unfortunately, it’s not always that simple. Insurance companies have a game plan to avoid paying a fair settlement. Here are some tactics they use.
1. Disputing Liability
One of the most common tactics is disputing liability. Insurance companies often argue that the victim is responsible for their own injuries. They may claim that the victim was not paying attention, was in an area where they shouldn’t have been, or was wearing inappropriate footwear for the conditions. This shift of blame is an attempt to reduce their financial responsibility.
2. Minimizing Injuries
Adjusters frequently attempt to minimize the severity of the injuries suffered. They might downplay the pain and suffering or suggest that the injuries are not as severe as claimed. Sometimes, they even assert that the injuries were pre-existing and unrelated to the accident.
3. Delaying the Claims Process
Delays are another tactic. By dragging out the claims process, insurance companies hope that victims will become impatient and accept a lower settlement just to get the matter resolved.
4. Quick, Lowball Offers
Insurers might offer a quick settlement that is far below what is fair. This often happens before the full extent of the victim’s injuries is known. Victims who are unaware of the true value of their claim may accept these offers, leading to regret later when their expenses surpass the settlement amount.
5. Requesting Unnecessary Information
Insurance companies may request extensive and sometimes irrelevant documentation, which can be a tactic to overwhelm the claimant and look for inconsistencies in their story. They use any discrepancies to challenge the credibility of the claim.
What to Expect in Negotiation
When you enter into negotiations, it’s important to understand that insurance companies are skilled at protecting their interests. Initially, they may present offers that significantly undervalue your claim, expecting you to accept quickly and settle for less.
But this is just the beginning. It’s important not to take this personally — insurance companies are businesses, and their goal is to settle claims for as little as possible. Our job is to push back against that initial offer and demonstrate why you deserve more.
Throughout the negotiation process, you can expect a series of back-and-forth communications. These discussions will revolve around the evidence presented, the extent of your injuries, and the impact those injuries have had on your life.
We don’t settle until we believe the offer on the table truly compensates you for everything you’ve gone through. Sometimes, this means negotiating for weeks or even months, but the result is worth it.
You should expect a certain level of pushback from the insurance company — they may try to argue that your injuries aren’t as severe as claimed or that you were partly at fault for the accident. We handle these arguments for you, so you don’t have to worry about them.
If negotiation doesn’t lead to a fair offer, we are always ready to take the next step and go to court. This doesn’t mean you’re guaranteed to have a lengthy trial, but knowing we’re prepared to fight gives us leverage in the negotiation process. Often, just showing the insurance company that we’re serious about going to trial can result in a better settlement offer.
How Our Slip-and-Fall Lawyers Can Help Your Case
At Tucker Lawyers PC, we recognize that a slip-and-fall accident can be a life-altering event, leading to serious injuries, unexpected medical expenses, and significant disruptions to your daily life. Here is how our slip-and-fall attorneys can help you during this challenging time.
Investigating Your Case
One of the most important parts of any slip-and-fall case is proving liability. It’s not enough to just show that you were injured — you have to prove that the property owner or manager was negligent.
Our team dives deep into investigating the circumstances of your fall. We gather evidence like surveillance footage, witness testimonies, and accident reports, leaving no stone unturned.
Calculating Your Damages
The true impact of a slip and fall isn’t always clear right away. You might be dealing with medical expenses, ongoing treatments, lost wages, and even emotional distress from the trauma of the accident.
Our slip-and-fall lawyers don’t just look at the immediate costs — we work with medical professionals and financial experts to calculate the full extent of your losses. We make sure every dollar of your damages is accounted for so that your settlement reflects your true needs, not just a quick fix.
Negotiating with Insurance Companies
Adjusters may seem helpful at first, but their main goal is to pay out as little as possible. They might even try to downplay your injuries or suggest that you were at fault.
We’re familiar with the tactics insurance companies use to undervalue claims, and we have key strategies for negotiating a fair settlement.
We’re prepared to counter them with persuasive arguments and solid evidence. Our aim is to ensure that the settlement offer you receive is not only fair but also justly compensates for your losses.
Preparing for Trial (If Necessary)
Most slip-and-fall cases settle out of court, but sometimes, the insurance company just won’t budge. If that happens, we’re fully prepared to take your case to trial.
Our attorneys are experienced litigators, and we’ll build a compelling case to present to a judge and jury. We’ll only go to court if it’s in your best interests — our priority is getting you the best possible outcome.
Contact Our Slip-and-Fall Lawyer Today
Whether you’re just starting to think about a claim or you’ve already received an offer that doesn’t seem right, we’re here to help. Negotiating with insurance companies doesn’t have to be a losing game. The insurance company’s game plan is to pay as little as possible, but with the right legal support, you can turn the tables and get the settlement you deserve.
Contact our slip-and-fall lawyers at (516) 399-2364 for a free consultation.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]