In the summer of last year I suffered a small head injury at a water park which resulted in scarring, lost wages and medical expenses. I submitted a claim to the company listing expenses, lost wages, and pain & suffering. I have received an offer cutting my request in half. I feel the amount they have offered is insult to injury, is this the final amount they are willing to settle on or is it open to negotiation?
3 Answers from Attorneys
Everything can be negotiated AND offers can be withdrawn at any time if not accepted. The mere fact you had an injury gives no basis for a claim..was it the fault of the park?
The answer depends on what they've offered you and how you were injured. There are usually two policies in play, Medpay, a no fault, small policy is usually tendered. Then there is a liability policy, which is usually larger, but only applies if you can demonstrate that the park knowingly did something wrong. The latter is typically negotiated.
Do yourself a favor and consult with an attorney. Almost all injury attorneys will review your case with you at no cost. At least see if you're getting a good deal.
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Is this the final amount they are willing to settle on or is it open to negotiation?
You are in the beginning of the process making an initial demand and next will come negotiating a settlement. Now, what is their negotiation range in order to avoid this matter from proceeding to the next level? No one knows except them and possibly their attorneys.
Indeed it is important to consult with an attorney and almost all injury attorneys will review your case at no cost to you.
Cheng Copeland PLLC
5602 Westheimer, Suite 200
Houston, Texas 77056
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