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I'd keep threatening looming litigation and force them to offer. If no offer then file and take depos of those employees to get more instances of cleaning practices, what things before were so slippery, etc.
Conversation Starter
Yes, thank you. There is an offer, but less than ideal.
Rising Star
Think you need to have a long chat with your client and go over photographs of the area (even if it’s not from the date of incident) to see if he knows what he slipped on. Without this you’d be dead in the water in my state
Ask him if maybe his pants were wet after he fell, also sometimes there may be a statement in the medical records, I once found EMS records where the EMT commented that the floor was slippery and appeared to have wet cleaning fluid
In my state you've lost.
Conversation Starter
Thanks, may I ask what state? Do you think it's vulnerable to an MSJ?
What kind of business?
Do a site inspection and run a coefficient of friction analysis where the client fell. Most restaurants use inadequate flooring. It’s expected that liquids/grease etc will fall on the ground in a business like that so they have to choose adequate surfaces or use mats. That should give you some leverage. Then settle. 😂.
I do pre-lit negotiations. I would ask point blank why the adjuster reversed the liability decision and to provide the evidence and case law that brought them to this decision. Depending on the amount if time that has passed, send your own investigator out to the scene. You can also threaten litigation. If the adjuster dies not budge, once litigation is filed, DWQ all maintenance records, surveillance films, and insurance claims. Then schedule depositions of the employees. In your request for admissions in the discovery you send out, ask them to admit or deny they previously accepted liability.