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Ben J | Is this fair compensation or not??? |
My wife recently had a slip & fall and has a diagnosed concussion (mild) she has been suffering with terrible headaches and pain in her neck.
She doesn't like noise, and feels generally unwell.
The accident was caused by slipping and then she hit her head, the management accept liability and their insurer offered her compensation of $12,000 cad.
She does not know whether to accept the offer.
Are there any experienced insurers or anybody that would know if it is a fair offer.
There were no other injuries aside from the bang on the head.
She had a ct which was normal but she is not the same person and is much weaker.
So does anybody know in view of what i have written here, whether $12,000 is fair?
Additional Details
Management had failed to put salt on the ice, that's why she slipped. |
 |
 
Sane
|
If the insurance company is making that offer you can bet your buttocks its NOT. My wife had a slip and fall and injured her spine. They tried to offer her a measily $10,000 to go away. No way, we sued and ended up with $120,000. She had medical bills out the butt, and suffered for two years with tests and medications then was out of work for 8 months due to spinal surgery. |
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wayfaroutthere
 |
Doubt it. She may need a chiropractor and other doctors for years. See if they will agree to pay real medical expenses as they happen rather than a lump sum. And/or counter-offer twice as much money.
The situation sucks and is pretty commonplace. If they won't agree to something fair, you have to sue their client, which means you'll need a mess of stuff for evidence and will need to pay your own bills for a while and get paid back after the suit. Of course, if you sue, you could probably get more money, because they haven't even started to cover pain and suffering and so on, but would lose most of the extra money to your attorney's fee.
The insurance companies do this so their liability is limited--you know your current doctor bills are around $2000, and it would look like the other $10,000 would be gravy, minus a few more visits. But the reality is that she may be dealing with this for a while, and $12,000 might not even cover her bills for the next several years. My sister took $10,000 after a car accident, and ended up spending far more than that for migraine medicine, doctor visits and chiropractors over the next five years. So wait until you have a better idea of what this is going to cost you before you make a deal, or simply ask them to agree to pay your real bills as they come in.
Do you really think the insurer's first offer would be fair? They are in business to make money. You should really get a lawyer and protect yourself. If you take the deal, you can't go back later and say it wasn't fair. |
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kittycat
|
I am not in insurance but my advice would be not to settle immediately. This is based on my experience with a car accident 15 yrs ago. Although initially I was basically okay, save for feeling shaken up and whiplash, I had problems starting to appear for the next 2 years, all related to that car accident. (This was not at a high speed either. I was hit at an uncontrolled intersection in a residential area by a 16 yr old new driver who hit the accelerator instead of the brake. Being in a residential area we were only going about 40 km/h).
Anyways, I was initially offered some minor amount of a few thousand dollars by her insurance company, to cover immediate expenses. It was on the advice of a friend I went to see a lawyer. I am so glad I did. It took a couple of yrs but I got about $50K, (of course, the lawyer took 40%), but the amount I actually pocketed was more than they had originally offered me.
My point here is that you do not know if your wife will have problems that arise in the next 6 months from her fall. I would not settle so quickly. My advice would to go and see a lawyer. The initial visit will be free as you tell them your case, and they will advise you as to whether they think you should settle or sue.
Make sure your wife/you keeps a record of any expenses accrued because of her injury. This includes time lost from work, medications, cost for a babysitter if needed cuz she has to go to an appt cuz of the accident, physiotherapy costs etc. Also, if you can, document all mileage you put on your car for any dr. visits etc that are due to her fall. I did not do this and I could have actually gotten more money if I had known this info (cuz i didn't go to see a lawyer until nearly a year after my accident).
Ultimately though, I hope that your wife is able to make a full recovery. No amount of money can compensate for pain and suffering from an injury. |
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Special K
|
If management accepted liability, then they should pay for their incompetence. For all the pain and suffering that your wife is experiencing, that compensation does not come close. Consult a lawyer. Good Luck. |
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mamatohaley+1
|
For the injury you have described that is a VERY generous settlement. With that said, settlement means the claim is over. If your wife needs additional treatment in a few months you are on your own.
I would settle for that amount but only if you are sure you are done with treatment.
The person that got 120,000 is great but honestly a fluke. People rarely make good money like that on a settlement. I bet most of it was for medical. Just don't get your hopes up, you aren't going to get rich off of this.
Good luck |
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mommy3
 |
I would have to say that its not nearly enough compensation. you can have complications from a head injury for months sometimes longer after the incident happened. you should consult an attorney for legal advice there are those out there that won't accept payment until the settlement is fair. you will want to keep track of all of her medical bills as you should get enough to pay them plus what she will need while out of work |
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a2z_4me
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Fair or not, That is the best you will get, don't loose that. A higher ammount would require going to court. They can appeal it forever and cause long drawn out extensions and require at your expense multiple doctor visits and re-examinations. It is to your advantage to settle or you will get nothing. The insurance company already paid as much as they will to represent you. If you turn it down the legal expense will be yours and the cost alone will cost you more than the settlement with no guarantee a jury will side with you. |
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Tinribs
 |
In the States people sue for everything. If there was nothing jutting out on the area where she fell, and no oil or grease, then she's lucky to be offered anything. As it was not the ground's fault but her own physical inability. Take the $12,000 and run. She should recover in a month from the time of the 'bang' and get back to work. |
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