slip/fall and risk management

[flutterby_di]

What is the name of your state (only U.S. law)? WA

I had a slip/fall accident on some water in the floor of a mall I was shopping at 1 year ago. I was in a brace for 8 months and went to physical therapy about 12 times because my Dr. didnt want to do surgery on me again nor did he want to be involved in a lawsuit he made it sound like. He side stepped everything by saying that my Knee ligament was stretched out again (he did a previous surgery on this for me 13 years ago) but he couldn't tell how long it had been that way and that the xray shows a piece of bone floating around above my kneecap...but again he adds and no way of telling for how long that has been there. Also, I saw an attorney over this who tried to blame my cheap flip flops...unbelievable!!! So, I called another attorney and he was just as lame! Saying that we would have to find out how long the water sat there etc and these cases are real hard to win blah blah.

So now I have sent all of my bills totaling 3,500. to the risk management and they contacted me today to offer me 5K. which is only 1,500. above my dr. bills!! I told him okay and he sent me the paperwork via email to sign off on it but the more I think about it the more upset I get! I was down for along time with this and in a lot of pain and there are times when it can get tweaked pretty easily still so I am still not completly certain that this is over. I feel its worth more than that... I haven't signed anything yet and I am wondering if I can call this risk guy back and tell him I want 10k and if they say no can they retract their original offer? Any suggestions??

Thanks
flutterby

[ecmst12]

You're not going to get 10k, but you can certainly make a counter offer.

[Zigner]

Your doctor won't testify and you have two attorneys telling you that you have no case. Take the money and run!

ETA: On second thought...maybe you should take the money and carefully walk away...

[Stevef]

Originally Posted by flutterby_di

if I can call this risk guy back and tell him I want 10k and if they say no can they retract their original offer? Any suggestions??

If you call back and ask for $10K, you are rejecting their offer. At that point, their offer is no longer on the table.

They may still be willing to offer the $5K, but at that point, all bets are off.