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Slip-and-fall accidents can leave victims dealing with physical injuries, emotional distress, and financial hardships. For those seeking compensation, it’s common to file a claim with the property owner’s insurance company. However, navigating this process can be challenging, as insurance companies are often focused on minimizing payouts rather than providing fair compensation to the injured party.
Initial Claim Assessment
When you file a slip-and-fall claim, the insurance company will begin by reviewing the details of the incident. They will examine the claim’s validity, assessing factors like the accident location, any hazardous conditions involved, and the actions of the property owner and the injured party. Insurance adjusters may also investigate whether the injured person was partially or entirely responsible for the fall by not noticing posted warning signs or ignoring visible hazards.
During this stage, the insurance company will likely request documentation to support your claim, including medical records, photographs of the accident scene, witness statements, and incident reports. While they’re assessing your case, it’s essential to keep detailed records of all communications, evidence, and expenses related to the accident.
Determining Liability
Establishing liability is a critical aspect of any slip-and-fall claim. Insurance companies often try to shift blame onto the injured party to reduce payouts, suggesting that the victim was careless or that the property owner did everything reasonable to prevent accidents. Adjusters might argue that the hazard was “open and obvious” and should have been avoided or that the property owner couldn’t reasonably foresee the danger.
In cases where multiple parties might share responsibility, such as if a third-party maintenance crew was involved, the insurance company may attempt to deflect liability. This tactic can complicate your claim and delay the compensation process. Working with an experienced slip-and-fall attorney can be invaluable in these situations, as they can help you counter attempts to deny liability and ensure that all responsible parties are held accountable.
Lowball Settlement Offers
Insurance companies often start with a lowball settlement offer, hoping the injured party will accept a smaller amount to resolve the claim quickly. These offers rarely account for the full extent of the damages, including long-term medical expenses, lost income, pain, and suffering. Accepting a low initial offer may seem tempting, especially if medical bills are mounting, but it can leave you without the resources needed for a complete recovery.
It’s essential to understand the total costs of your injuries before agreeing to any settlement. Consulting with medical professionals, financial advisors, and legal experts can help you assess your claim’s value accurately. A qualified attorney can negotiate on your behalf to secure a fairer offer that accounts for all the damages you’ve suffered.
Delay Tactics
Insurance companies may also use delay tactics to pressure claimants into accepting lower settlements. By prolonging the claims process, they aim to make victims feel financially stressed and frustrated, increasing the likelihood that they will settle for less than they deserve. Delays might include taking a long time to respond to inquiries, requesting excessive documentation, or repeatedly asking for the same information.
Staying patient and persistent can help you avoid being a victim of delay tactics. Keep thorough records of all interactions with the insurance company, including emails, phone calls, and written correspondence. If delays are becoming unreasonable, an attorney can step in to expedite the process and advocate for a timely resolution.
Disputing Medical Evidence
Insurance companies may challenge the severity or validity of your injuries to reduce the claim’s value. They might argue that your injuries aren’t as severe as reported or that they were pre-existing rather than caused by the slip-and-fall incident. Adjusters might even request an independent medical examination (IME) with a doctor of their choosing, hoping for an opinion that minimizes your injuries.
In these cases, it’s crucial to have well-documented medical records from trusted healthcare providers who can attest to the accident’s impact on your health. An experienced attorney can help you counter any attempts to downplay your injuries and present compelling evidence to support your claim.
Surveillance and Monitoring
In some instances, insurance companies may use surveillance to monitor claimants for signs of inconsistent behavior that could weaken their case. For example, if an individual claims they cannot lift heavy objects but is recorded doing so, the insurance company may argue that their injuries are exaggerated. Adjusters may also review social media profiles for posts or photos that contradict claims of pain or disability.
Being cautious about public activities and what you share on social media is essential during an active claim. Even innocent posts can be misinterpreted or used against you. Avoid discussing your injuries or the accident publicly, and consider setting social media profiles to private.
Protecting Your Rights in Slip-and-Fall Claims
Navigating a slip-and-fall claim with an insurance company can be complex and overwhelming, especially when they use tactics to minimize your compensation. At Bye, Goff & Rohde, we’re committed to protecting your rights and helping you fight for the compensation you deserve. Our team understands the strategies insurance companies use and will advocate on your behalf to ensure you aren’t shortchanged.
If you or a loved one has suffered a slip-and-fall injury, contact us today for a free consultation. We’ll provide the guidance and support you need to stand up to insurance companies and pursue a fair outcome.