Georgia Peach

s4popo

"Esq" in your name, so no unbiased opinion there! I admitted that without having additional information, it's hard to judge who's at fault. I'm just tired of people blaming others and cashing in when they shouldn't. And yes, this affects me directly because I have to pay higher insurance premiums for all of the frivolous lawsuits out there.

If the OP fell down because leaking pipes weren't fixed, then he/she has a legitimate claim. If the OP fell because his/her children had a water-balloon fight and the floor was wet, then it's B/S.

Capt Hammond

moeve

LAX_Esq

I don't have a horse in this race, as my practice has nothing to do with personal injury, insurance, plaintiff's work, etc. As an informed citizen, I hate all the frivolous lawsuits and sleazy plaintiff's lawyers as much as the next guy. But I also hate sleazy insurance companies and sleazy insurance defense lawyers.

Your bias is the notion that the people not owning up to their mistakes are the injured people. It's just as frequent that insurance companies are not owning up to their insureds' mistakes. Insurance companies have no problem collecting premiums for years and years and do not "own up" when the time comes for them to pay out.

I'm not sure what this even means. If you're talking about from a safety perspective, the Airbnb owner has to adhere to exactly the same safety standard as a hotel owner, i.e., to not negligently cause injury to their guests.

KimchiExpress

My daughter was injured in a Home Depot. The "adjuster" just kept giving me the run around and losing emails, etc. Then they would change adjusters and start over again. This is the American way - business crooks.

And if you don't have any permanently identifiable permanent injury, lawyers won't take your case.

It has been 4 years and not a dime from the "adjusters."

Barkinpark

To all those who sympathize with me: thank you.

To haters: you don't know what I am going thru'. I am in pain daily for months since the injury. This isn't fair and it's not my fault.

The adjuster just harasses me. This guy does not understand the law very well and throws out legal terms to intimate me. Fortunately, I am quite familiar with basic personal injury law. As mentioned above, insurance companies of all types collect premiums, but pay out nothing when they are obligated to.

Often1

There is no legal requirement that you deal with the adjuster at all.

You could simply file a lawsuit and never talk with the adjuster.

If you have an amount in mind which would settle the matter for you, give that to the adjuster, tell him he has X days to get you a check and that you are filing on the X+1 day. If you have an email, put it in an email and advise that you don't want to speak.

Only do this if you are certain that there is liability and that you really will file. Nothing looks weaker in a negotiation than a threat not carried through.

LAX_Esq

All very true. The elephant in the room is the "be certain that you really will file." Fairly easy for a normal person to sue a big company in small claims court, but small claims court has $$ limits and I'd imagine that OP is looking for more than $5K or whatever the limits are. But it's going to be very difficult, time consuming and expensive for a normal person to pursue a suit like this in "real court." The adjusters know that you'll never file suit without a lawyer, and that's why they're bullies.

This guy gets it.

s4popo

I'm not an insurance company apologist, but this statement is what helped me make a judgement in your case. Call me a hater all day long, but you clearly understand that 1) you would probably lose at a trial, and 2) are asking how you can "maximize" your settlement instead of asking how you can get fairly compensated. This is my last reply in this ridiculous thread.

LAX_Esq

Nope, definitely not an insurance company apologist, folks! You're being highly unfair to OP by totally twisting his words around in the most unfavorable light possible.

Saint4805

You initially said that the injury was muscular and you now claim that you have been in pain for months. The alarm bells are ringing already. Muscular injuries usually clear up in days or weeks thanks to effective blood supply.

Barkinpark

What I meant by muscular is actually "soft tissues", meaning no bone injuries. However, just because no bones are broken doesn't mean there's no pain beyond days/weeks. For example, I was rear-ended and had my spine x-rayed. The x-rays showed nothing, but I have had back pain for years since the accident. Ditto for a concussion (MRI negative)--tension headaches for 2 years.

To clarify: having a court case that most likely doesn't end up in trial does not equate that I will lose. The vast majority of personal injury and property damage cases are settled. A good example is Dr Dao vs United Airlines. A lawsuit was filed for this highly publicized incident, but it was settled.

lewisc

ITA but I understand the comments in this thread. The OP doesn't ask about getting his expenses paid. He asks how to "maximize a settlement" He calls it a slip and fall. He is very short on details. Mentions an electrical failure which some posters interpret as a blown light bulb. OP never offered follow up. Soft tissue injuries are exactly the kind of injuries which are claimed by persons trying to "exaggerate" or embellish the degree of injury to increase a settlement. The "buzz" words used by the OP suggest a person exaggerating his injuries and minimizing his share of liability.

To answer the OPs original question. Hiring an attorney is probably your best course of action. If your injuries are real and significant you may find an attorney who will take it on a contingency basis. If not a demand letter from an attorney and possibly even filing a law suit may result in a settlement larger then you'd get on your own. Hopefully enough larger to cover an hourly fee.

Barkinpark

Settlement amount = expenses x multiplier. I have incurred quite a lot of medical expenses and would like to pick your brains on your prior experience, if any. The bloody adjuster sounds like he works for a collection agency. Rude, harassing, and throws out random legal terms to intimidate me.