You are not required to go on record with an insurance company after your slip and fall accident. While it is up to you to decide, be mindful that talking to an insurance company on record could derail your claim for compensation. If you choose to hire an attorney to represent you, you can send all communications with the company to your lawyer to handle.
If you recently suffered injuries in a slip and fall accident, the insurance company representing the at-fault party may approach you and perhaps even offer a settlement. While you may think it is a good idea to communicate with the insurance company, you should be careful not to make any verbal, written, or recorded statements that could later prevent you from obtaining a fair settlement for your damages.
Sometimes, the at-fault party’s insurance will ask for a recorded statement. The insurance company might even state that your settlement is contingent upon you making such a statement.
In other words, it may be implied that without giving a recorded statement, they will deny or reduce the value of your claim. However, remember that insurance companies work in their interests, not yours. They will want to keep a settlement as low as possible or deny it altogether.
An insurance company can use a recorded statement to your disadvantage. They might ask questions to confuse you, hoping you will say something to hurt your case. You are under no obligation to give a statement to the insurance company.
Instead, you might want to contact a lawyer before entering into any communications with the at-fault party’s insurance company.
Slip and Fall Claims
A slip and fall accident can be expensive for a victim, particularly if the injuries suffered are serious and require long-term medical treatments and rehabilitative care. According to the Centers for Disease Control and Prevention (CDC), one in five falls causes a serious injury.
A victim may have to deal with the pain of treatments and the expense of medical bills. They also may have to take time off work, losing income and, therefore, the ability to pay their bills. The National Floor Safety Institute (NFSI) estimates that injuries due to falls cost $13-$14 million annually in the U.S.
Insurance companies will most likely try to avoid paying out a comprehensive settlement for your accident injuries and losses. They may try to talk you out of getting legal advice or hiring an attorney. They will also focus on their bottom line, meaning the insurance will try to pay out as little as possible to save their profits.
How a Lawyer Can Help You Handle an Insurance Company
To receive compensation in a slip and fall lawsuit, a lawyer can help you in several ways, including:
- Calculating your damages
- Negotiating a fair settlement
- Taking your case to civil court
You do not need to struggle by yourself. When a slip and fall lawyer communicates with an insurance company on your behalf, they will protect you from accidentally saying something that can jeopardize your case.
Having professional legal representation will signal to the insurance company that you are serious about fighting your claim. Having a dedicated lawyer by your side can also free up time that you can spend recovering from your injuries.
Compensation in Slip and Fall Cases
Do not gamble away your compensation by going on record with the insurance company after your slip and fall accident. First, you will need to know the damages you could claim for your injuries, such as medical bills and other losses arising from your accident.
A lawyer can help assess the harm you suffered and calculate your present and potential future damages correctly. In a slip and fall case, you could receive:
- Costs for all medical treatments
- Medication costs
- Costs for medical devices and accessories
- Compensation for lost income and future lost income
- Awards for pain and suffering
You may also receive other types of financial awards, depending on your specific slip and fall accident and injuries.
Proving Your Slip and Fall Case
Slip and fall cases can be somewhat challenging to prove. If you give a statement on record with the at-fault party’s insurance company, you risk saying something the company could use against you. It could also say that you caused your own accident and that it is not liable for your damages.
Having legal advice can be advantageous for proving negligence. Your lawyer can handle all communications with the insurance company and the defendant. You will need to prove the following elements in a slip and fall case:
- The defendant had a duty of care.
- They breached their duty of care by being negligent.
- The breach caused your accident and injuries.
- You suffered damages because of your injuries.
A lawyer can help you build your case and gather the evidence you will need to prove your claims, which can include evidence of the hazardous condition causing your fall, as well as medical records and other evidence. You may also need expert witness testimony.
Call Ben Crump Law, PLLC, Today for Help
Before you speak to an insurance company about your slip and fall accident, you might want to seek legal counsel before contacting them. If you do consult with an attorney, it could make a difference later in your case, especially If you are interested in pursuing legal action later.
The legal team at Ben Crump Law, PLLC, can discuss the specifics of your slip and fall case and legal options that might be available to you. Call us at 800-959-1444 today for a free case review.