If someone falls, that fall victim can file a 3rd party claim with the insurance company of the owner or the controller of the premises where the fall took place. At that point, the insurance adjuster must estimate the value for the submitted claim.
Factors considered by insurance adjuster
Did the fall victim suffer any permanent injuries? Those would not have to be visible injuries. Any one of them might be invisible to the eye, such as a nerve injury.
How was the plaintiff affected by the fall-related injury? Had the injury’s effect extended to the point where it had managed to diminish the plaintiff’s quality of life?
Had the injury’s effect extended to the point where it had managed to reduce the number of opportunities that the plaintiff could pursue, in terms of a paying job?
What actions had been taken to treat the injured region of the plaintiff’s body? What sort of doctor was consulted? Was it one that held an MD degree, or was it a chiropractor?
Had the plaintiff hired a Personal Injury Lawyer in Waterdown? If so, what was the lawyer’s name? Some lawyers do not hesitate to take a case to court. An insurance adjuster would not place a low value on a case, if the plaintiff’s attorney had earned a reputation for taking cases to court, and then winning them.
Other factors affecting decision in case that has been taken to court, and case where the plaintiff has fallen
Where had the plaintiff filed his or her lawsuit? The location in which a lawsuit gets filed determines the makeup of the jury, if the lawsuit gets pursued to the point where both sides meet in a courtroom. The makeup of a jury can determine the nature of the jury’s verdict.
Studies of the decisions made by different juries have shown that a jury in a rural setting tends to recommend a more conservative award for the plaintiffs in a slip and fall case. Hence, if the insurance adjuster learned that the insurance company’s legal representative would have to appear in a rural courtroom, the value assigned to a slip and fall case would be reduced.
How strong was the evidence that was gathered by the plaintiff’s lawyers? Did it appear to be something that could convince a jury of negligence on the part of the owner or controller of the premises? Could that same owner/controller offer proof of an effort to keep the premises safe?
The owner of premises should have it inspected on a regular basis. If there were no records that offered proof of such an inspection, then an insurance adjuster might place a higher value on the slip and fall case.