I was injured in a fall on ice in parking lot. It had been cleared but some black ice remained and unseen until fall. Off work 9 weeks, broke two bones, lost 12,150.00 in wages and dr bills about 2000. Thus far. May need specialist in larger town and realignment of maligned joint from improper healing. Pain and swelling continue to be problematic. How much can I ask for reasonably without the Insurance company balking at my request?Don't want to be greedy just be given what is do me. I am a nurse and am changing jobs because I am no longer able to work 12 hour shifts on my foot at this point. Advice would be appreciated.
1 Answer from Attorneys
There are many moving parts in this type of scenario. I don't believe the insurance company will be motivated to be reasonable unless you demonstrate you are willing and bale to hold them accountable in court, and that means you must prove liability. Liability for a slip and fall in Oklahoma is difficult. Defense will be, among others, that the dangerousness of the area, if any, was open and obvious. If you can demonstrate enough evidence to prove liability, then they will more likely be reasonable. There is also the possibility of other defendant(s) besides the property owner, and if you have health insurance that paid for your treatment, then they will have rights to recover what they've paid.
You describe a scenario that is at least, at first blush, interesting, and I suggest that you consult with an attorney experienced in personal injury (and particularly slip and fall cases in Oklahoma). The insurance company has doubtless had the case assessed by legal counsel; to get close to equal footing, I suggest you do the same.