It is important to know what you should do when an insurance company calls you after your slip and fall accident, as how you act and what you say can potentially increase or diminish your settlement. You want to avoid giving a recorded statement about your slip and fall accident.
Slips and falls can be expensive for insurance companies. According to the National Floor Safety Institute (NFSI), injuries due to falls cost an estimated $13-14 million per year in the U.S.
In order to limit the amount they have to pay out to an accident victim, insurances may approach a victim quickly after an accident and offer a lowball settlement. In some cases, they will use information from you in order to try and argue that the fall was your fault, with the aim of denying your claim altogether.
What You Should Do if an Insurance Company Calls You After Your Slip and Fall Accident
If you suffered injuries in a slip and fall accident and informed the owner or submitted an accident report, an insurance company may approach you fairly quickly in order to achieve a timely settlement. However, it can be in your best interest to not give any verbal statements or sign any documents when this happens. Immediately after a fall, you may not be able to assess your injuries and associated costs adequately, especially any future costs that could arise as a result of your slip and fall injuries.
Also consider that once you have accepted an insurance settlement, you have usually signed away your rights to file a lawsuit. If it later turns out that the settlement was, in fact, entirely inadequate, you have no recourse. We recommend that you connect with a slip and fall accident lawyer before you speak or negotiate with insurance. Your lawyer will act in your best interests and try to negotiate a fair settlement that takes into account all your damages connected to the accident, including any future damages such as expected medical bills or loss of wages.
Compensation in Slip and Fall Accidents
If you or a loved one suffered injuries in a slip and fall accident that was the property owner’s fault, you could potentially receive the following types of compensation, as well as others:
- Medical expenses
- Lost income
- Physical pain and anguish
- Emotional distress
- Transport costs
- At-home help
A slip and fall lawyer will be able to assist you in calculating your damages and filing a personal injury lawsuit against the negligent party.
A Slip and Fall Lawyer Can Help
Fault in a slip and fall accident is not always clear. An insurance company may try to get out of paying you your due. The defendant and their insurance company will most likely fight your claim and try to minimize your injuries and expenses. Having a lawyer’s assistance can be helpful and signal to the defendant and their insurance that you are prepared to fight for your rights and compensation. Having legal representation can also make it less likely that an insurance company will try to take advantage of you. A lawyer can help you by:
Establishing Fault and Negligence
A lawyer will investigate the circumstances around your accident and how your injury occurred. They will know the applicable state and federal laws and whether the defendant violated any of those laws with a hazardous condition on their property. A lawyer will gather the appropriate evidence and consult with expert witnesses, if needed, in order to establish fault.
Proving Your Slip and Fall Losses
Having a lawyer by your side can help with establishing the extent of harm and suffering that your injury caused, including financially, physically, and/or emotionally. A lawyer will collect the evidence needed to prove your damages, such as medical bills and statements, and evidence of lost wages, for example. A lawyer can also help you prove your non-economic damages such as pain and suffering, which may be hotly contested by the other side.
Working on Contingency
Your lawyer can work on your case on a contingency fee basis, which means that they do not receive any pay until and unless you receive a settlement. You do not pay any upfront attorney’s fees, and the lawyer carries the financial risk with litigation, not you.
Contact Our Legal Team Today for Assistance
If you suffered extensive injuries in a slip and fall accident, do not make the mistake of trying to negotiate with an insurance company on your own. Contact us for help. We will aim to protect you from any predatory insurance companies and will try to negotiate a fair and comprehensive settlement for you. Many slip and fall personal injury cases never go to court. However, if the insurance does not agree to a fair settlement, we can take your case to court and represent you strongly.
Call Ben Crump Law, PLLC today for your free consultation with one of our team members: 800-959-1444.