Criteria For Assessing Personal Injury?

[Davidl]

I had a slip and fall and suffered a broken shoulder, I was out of work for 6 weeks. The accident occured in a parking lot of a building adjacent to where I had business. I slipped on black ice at 8.30 in the morning of what turned out to become a warm day. The lot is usually shovelled. The owner of the lot claims that an claiming from his insurance would jeopardise his blanket coverage, is that true? He would like to settle for one third of my loss of income. How weak is my case? and how should I go about claiming?
Many thanks for all advice
David L.

[FiniteReUnderwriter]

In some states, the fact pattern you have outlined might qualify as a workers compensation claim - to be filed with your employer. They would then be entitled to a lien on any settlement you might make with the other party, to recover some or all of the benefits the WC carrier paid.

The fact that the owner of the premises is offering to settle your claim, without notifying his insurer is likely to be a violation of a policy condition on his policy, so he might not be entitled to any coverage if you were to make a claim and this fact came out. This issue alone might make his underwriter reconsider him as a risk.

There are far too many variables that are not included in your e-mail to assess the strength of your case. There may be others (third parties) who might bear some responsibility as well (for example, snow and ice removal contractors, or a security company if they had responsibiliity for inspecting the lot, etc.). You say that it was "black ice", but that would be a factual issue that might be question by the insurer, or if it ever got that far, by a jury. If you bear any culpability, then you need to understand the law (with regard to negligence) in the jurisdiction where the accident happened. Different states have different ways of apportioning liability, and what amounts can or cannot be recovered by an injured party.

I would suggest you determine if you are entitled to file a WC claim first, then send a written claim to the property owner with the facts as you know them, and a list of your damages (unreimbursed medicals, lost wages, pain) and let him report it to his insurer. In my opinion, to try an "under-the-table" settlement risks more complications than possible benefits (for you - not the premises owner. For instance, what if you find out later that your injury is worse than expected, and you need additonal medical care or will lose more time from work ... will he increase his settlement? Does he intend to obtain a full release from you for any future claims?, etc.)

[Davidl]

Thanks for the reply, I will try to add more details.
I am self employed and self insured therefore I have no other way of reclaiming lost income.
The lot is a small commercial lot ie a house converted to offices, there is no security co. and the snow removal is done by a local individual, althogh that shouldn't be an issue since there was no snow, rather a heavy overnight rain had frozen over before it could dry out, Hence the "black" ice.
The whole thing happened in Mass. so the liability laws should be well enough defined, how can I find out how liability is in fact apportioned?
My concern is finding out that the owner bears no responsibilty and then I land up with nothing vs settling soon.
Thanks again for the advice
David

[FiniteReUnderwriter]

More detailed comments sent via separate e-mail. Best of luck.