Slip and fall injuries are among the most common types of personal injury claims. They can happen in a variety of settings including restaurants, offices, retail stores and private homes. The injuries sustained by such falls range from minor bruises up to severe fractures or head trauma. You may be entitled compensation if you have suffered a slip-and-fall due to the negligence of another party. However, the process of filing a claim can be complex. This guide will walk you through all the steps to successfully file an insurance claim in a slip-and-fall injury case.
1. Seek medical attention immediately
Seeking medical attention is the first and most important step to take after a slip-and-fall accident. It’s crucial to have your health evaluated, even if you think that the injuries are minor or that you feel fine. Some injuries such as concussions and internal injuries may not show symptoms immediately. When filing an insurance claim it is important to have medical records. They provide documentation and a timeline for your injuries.
2. Report the Incident
The next step after seeking medical attention is to notify the owner, manager or other relevant authority of the accident. Ask for an official accident report if the incident happened in a public or commercial space such as a shop or office. The report should contain details on where, when and how the slip-and-fall occurred. It should also include any hazards that may have contributed to the accident such as a wet or uneven surface.
Be sure to keep a copy for your records. Notify the property manager or homeowner if the accident happened in a private home as soon as you can. If you fail to report an incident immediately, it could affect your ability to make a claim in the future.
3. Document the Scene
Documenting the accident scene in detail is essential when filing a claim with your insurance company for a slip-and-fall injury. Take photos or video of the exact spot where the accident occurred. Take photos or videos of any potential hazards such as:
- Slippery or Wet Floors
- Uneven or damaged flooring
- Loose handrails
- Lighting conditions
- The walkway is blocked by debris or obstacles
Also, note any warning signs that indicate a possible hazard (or the lack thereof), such as a “wet-floor” sign. When filing a claim, photos and videos are strong evidence as they show the exact conditions that caused your fall.
4. Gather Witness Information
Collect the names and contact details of anyone who witnessed you slip and fall. Eyewitnesses are able to provide testimony that can support your version of the events, especially if they witnessed the hazardous conditions which caused the fall. In cases of disputed liability, witness statements are crucial. They may also help you substantiate the claim to your insurance company.
5. Notify your insurance company
After you have reported the accident and collected evidence, it is time to contact the insurance company of the party at fault. If the incident occurred on a commercial property, it is likely that the business has liability insurance in place to cover these incidents. If the slip and fall occurred at a private home, homeowner’s coverage may be available.
Contacting the insurance company is the best way to give a detailed and accurate description of the incident. Avoid speculative statements and stick to the facts. The insurer might ask for additional documentation such as an accident report, medical records and witness statements.
6. Determine Liability
To be eligible for an insurance claim, you must prove that the owner or occupant of the property was negligent. This negligence is what caused your slip-and-fall accident. Legally, property owners are required to keep their premises safe. Regular inspections, prompt repair, and the placement of warning signs are all part of this.
The insurance company will try to claim that you are partially or completely responsible for your fall. If you ignored warning signs or were distracted by your mobile phone, for example, the insurance company may claim you contributed to the accident. Prepare for these arguments by gathering as much evidence to prove the owner’s negligence.
7. Calculate your Damages
You can claim compensation for different types of damages when you file an insurance claim following a slip-and-fall injury.
- Medical expenses includes hospitalization, doctor visits, medication, physical therapy and future treatments.
- Lost wage: You can get compensation for your lost wages if your injury prevents your from working during the recovery period. If you are disabled for a long time, compensation may be available to compensate future earnings.
- Physical and emotional pain: Slip-and-fall injuries can cause both physical as well as emotional pain. You may be entitled to compensation for pain, discomfort and emotional distress that was caused by your injury.
- Out of pocket expenses can include travel to medical appointments, wheelchairs or crutches, as well as home modifications, if needed.
Negotiating with your insurance company will be easier if you have a good understanding of all the damages that you are entitled. Keep all bills, receipts and other documents related to your injuries and recovery.
8. Negotiate the settlement
After you submit your claim, your insurance company will conduct an investigation, including your medical history and the circumstances surrounding the accident. The insurance company may ask for an independent medical examination to determine the extent of your injury. After assessing your claim, the insurer will offer you a settlement.
Remember that an initial settlement is usually lower than you deserve. Insurance companies are businesses and will always try to reduce payouts. If the settlement offer does not adequately cover your damage, you have the right negotiate a higher amount.
9. Consult a lawyer if necessary
You may need to consult an attorney if the insurance company refuses your claim or offers a low settlement. A personal injury attorney can guide you through the complex claims process. They will also help you negotiate with the insurer and, if needed, file a suit to get the compensation you deserve.
Legal representation is especially important when liability is disputed, or if the injury is severe or long lasting. A lawyer with experience can protect your rights and advocate for you.
In order to file an insurance claim in a slip-and-fall injury case, you will need to be very careful with your documentation, communication and negotiation. You can improve your chances of getting the compensation you deserve by following the steps in this guide. Remember to get medical attention as soon as you can, to report the incident and to document the scene. This will help to create a solid case. Do not hesitate to consult a lawyer if you have any problems during the claim process.
This article was written by Jeanette Secor PA Attorney at Law.
Since over 20 years, Jeanette Secor’s law firm in St. Petersburg has been the first choice of those who are seeking justice following an injury. Jeanette Secor is a renowned Pinellas County car accident attorney with a track record of representing clients in car crashes, motorcycle accidents and slip-and fall incidents.