Here's a quick rundown on your situation, seen from a BC perspective. Your first issue is who is liable. If the other party is not liable, you will receive nothing regardless of how badly you are hurt. In a slip and fall, liability is virtually always an issue much more than in a motor vehicle accident. That is because, speaking generally, if the occupier of the premises can show that he/she/it took reasonable care to make the property safe, that's as much as has to be done. The occupier is NOT the insurer of your safety. Also, you may be partly to blame. For example, if you were drunk or wearing inappropriate shoes, you are going to wear some of the blame. You say the company (insurer? occupier?) wants to settle, but you do not say if it admits 100% fault. Get that sorted out because, anything under 100% will reduce the value of your claim.
IF you can establish liability, that is when your question of value comes in. To give an answer, a person would need to have a good medical-legal report in hand from your doctor. It would discuss your injuries at the time of the fall, how they have progressed to date, and how they are likely to progress in the future. You mention problems with your arm that seem to relate to the bones. Are there other problem areas such as a sore back and shoulders? How about headaches?
How has the injury limited what you can do? In addition to the doctor's report, you may want a functional capacity report, which is produced by an expert outlining what you physically can and cannot do. You'll need to go in for a day or two of testing. If there is a psychological aspect to the injury, that has to be documented, too.
Now, have you got any pre-existing injuries and conditions? If so, they have to be taken into consideration.
You may have a claim for lost wages and loss of the future opportunity to earn wages. Get that run down. This is VERY important. For example, I settled a case a little while ago for a fellow who got about $45,000 for pain and suffering and about $950,000 in lost wages and loss of opportunity. Don't cheap out!
All in all, you should consult a good personal injury lawyer and get a legal opinion founded on a complete set of facts. You could be dealing with a permanent disability here and do not want to sell yourself short for want of knowing what you could do and what you could get. Good luck!
P.S. In BC, you have two years from the date of the fall to sue. If you haven't done so yet, start a claim to preserve your right to do so. If the time limit passes, they'll stop negotiating and you'll be out of luck.
2007-02-03 02:57:03
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answer #1
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answered by Eric W 3
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Slip And Fall Settlements
2016-12-12 12:37:05
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answer #2
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answered by Anonymous
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What does your attorney say? A general rule in practice of ;law is always reject the first offer, because a defendant will always lowball you. If they feel your claim is worth 100k, they will usually offer around 50k. A lot depends on the state of the evidence and the witnesses If you have a strong case, the offer may be more realistic.
Now, that being said, if you go to a trial and even if you win,
an insurer will almost always appeal. What that means for you is that a good chunk of the original award will be eaten up in appellate costs. Besides, there is always the danger that you could lose on appeal. The best advice I can give you is listen to your attorney, and follow his/her advice.
2007-02-02 20:30:25
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answer #3
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answered by Jeffrey V 4
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2016-05-14 09:56:08
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answer #4
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answered by ? 2
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often the amount the company offers at first is what you will ultimately get in the end. The only difference is that you will have to wait longer and your attorney will make more money.
2007-02-02 19:37:53
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answer #5
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answered by zzzzzzzzz27 3
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2014-09-22 03:04:06
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answer #6
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answered by Anonymous
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You will have to read your homeowners policy and see exactly what it covers and does not cover. You may want to talk to an attorney, perhaps one in personal injury. I have never heard of someone claiming pain and suffering and loss of mobility get any kind of a claim from homeowners insurance from being injured on their own property. Now.....if that were another person at your house and that happened? Boy Howdy, your insurance company would be paying out the nose for the settlement. So much so that your homeowners could possibly drop you from being insured with them. That happens alot here in Florida. I suggest that you call an attorney and go from there. Good Luck and Blessings !!!!
2016-05-23 22:35:17
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answer #7
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answered by Anonymous
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Why not just ask them to pay for the medical bills. Why does everyone want to sue????
2007-02-02 20:23:15
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answer #8
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answered by da_bears46 2
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