How to Maximize Your Slip and Fall Settlement Amount
Slip and Fall Lawyer Tells How To Maximize Slip and Fall Settlement Amount!
Hey, guys. Slip and fall accident lawyer Scott DeSalvo here, and in today's video, I'm going to share some good news with you.
I was able to settle a client's slip and fall case for $142,500 for a broken ankle. Now, that's a great outcome for this kind of case, and in today's video, I'm going to share with you how I got that slip and fall settlement amount for my client.
I always tell my clients, and I've repeated it in a lot of my videos, that slip and fall cases are just tough cases to prove.
They really are. A lot of injury attorneys avoid slip and fall cases for that reason. That's because insurance companies defend them, meaning they usually don't settle them pre-suit before you file a lawsuit. Now, I've litigated a lot of these cases over the years, and I've really learned what to do on the case in order to position them for maximum value. I've gotten pretty good at resolving these cases, but I also don't kid myself.
Lots of lawyers would like you to believe that the lawyer has some magical ability to turn a bad case into a good case, and sometimes we can, but usually it's a matter of taking what we're given in the case and maximizing value.
A good lawyer can sometimes improve sort of a not so great case, but a good case is still a good case, and a bad case is still a bad case, so what did I do in this recent settlement to maximize value and force the other side to come to the settlement table?
First, I was able to show, through government documents, that the stairway my client fell on had been cited by the City of Chicago Building Department several times. Being able to prove that the stairway was dangerous is a key part in proving the case and increasing the slip and fall settlement amount.
Second, I created demonstrative evidence, in other words, diagrams, which showed exactly how the broken staircase caused the fall.
Believe it or not, breaking down exactly how the fall occurred is really important to a jury at trial, but also to the insurance company lawyers. It makes them nervous if we're very good at describing exactly how the problem with the stairs caused the injury.
Third, I personally scoured the medical records for evidence of how severe the injury was, and I looked at medical literature showing that this sort of fracture would probably result in arthritis and could result in future surgery for my client. Doing this sort of research and homework increases the value of the case, and remember, insurance companies settle cases when they become afraid of what will happen at trial. Simply, you have to think outside of the box and leave no stone unturned to really put together a full picture of the client's injuries and all of the negative consequences and hardships she had to suffer because of the injuries she sustained in the fall.
Now, was this a good case to begin with? Yes, it was, but the hard work I put into it definitely did two things.
First, it brought the insurance company to the settlement table. Otherwise, they would have taken us to trial, which is always risky.
Second, it increased the slip and fall settlement amount that we were able to get, because the insurance company knew that we had a good theory of liability, how it happened, and we were able to explain all parts of the damages that my client suffered.
Now, every case and injury is different, and hiring a lawyer who is experienced in personal injury lawyer can mean a better outcome for you, but since every case is different, and some cases are stronger than others, you shouldn't take the information in this video as a promise that I'll be able to do the same in your case. If you've been injured, you should consult a lawyer, because there are time deadlines to file a claim or lawsuit, so you should talk to a lawyer immediately.
And I want to be honest with you: I have handled some real stinkers. Some of the fall down cases I have helped people with were really hard cases, and some were impossible to prove. Even then, it is always possible to get a compromise settlement if you position the case properly.
Do you have a case you'd like to talk about? Want some more information about injury cases in general? I'm available for free consultation.
"Hiring Scott was one of the best moves I have made in my life. Scott is a down to earth person and attorney. Scott is a 5 star first class act who really knows his stuff. The Judge said his presentation was one of if not the best he had ever seen. Take my advice, hire Scott. I’m sure you’ll be 200% satisfied. I was."
Cab Driver, Fall Down