When you’re injured on a major retailer’s property, the insurance adjuster’s first move is often the same: put a number on the table, call it final, and wait. As a Louisville slip and fall lawyer, I’ve watched this play out more times than I can count. The offer is rarely what the case is actually worth. It’s what they think you’ll accept before you understand your options.
The Setup
Consider a common scenario: a customer trips over a hazard in a Walmart. In particular, something that shouldn’t have been there, in a spot where no one could reasonably be expected to avoid it. The fall causes a serious injury. An incident report is completed on the spot. Liability, from any objective standpoint, is not a close question.
And yet, before any lawsuit is filed, the insurer presents a “final offer.” This “final offer” is often a fraction of what the injury is actually worth.
This is not an accident. It’s a strategy.
Why Injured People Take Low Offers
I don’t fault anyone for considering an early settlement. Recovery is exhausting. The idea of litigation is intimidating. Insurance adjusters are professionals at making low numbers sound reasonable, and at making the process of pushing back sound risky and uncertain.
But a “final offer” made before a slip and fall lawsuit is filed is almost never actually final. It reflects what the company hopes you’ll accept and not what your case is worth. This is especially true since in Kentucky there is a one year statute of limitations for slip and falls.
What Changes When You File Suit
Filing a premises liability lawsuit changes the calculus for a large corporation in a fundamental way. Suddenly there is formal discovery, deposition exposure, and the real possibility of a jury hearing the facts. Companies that were unmovable during the claims process often find flexibility they didn’t previously have.
I’ve seen it happen repeatedly. A case that a billion-dollar retailer dismissed during the claims phase becomes a case they want to resolve fairly once the litigation is real.
What You Should Know
If you’ve been injured due to a tripping hazard, a wet floor, or any dangerous condition on someone else’s property in the Louisville area, the first offer you receive is not the ceiling on your recovery. Before you sign anything, talk to a lawyer who handles these cases and can tell you honestly what your claim may be worth.
At Kemper Law Office, I represent injury victims on a contingency basis. We receive no fee unless we recover for you. If you’ve been hurt on someone else’s property, call my office for a free consultation.