Crystal Rae
Have you been injured in an accident that wasn’t your fault? Slip and fall accidents are more common than people realize.
Such accidents can lead to serious injuries such as broken bones, back pain, torn ligaments, and, in extreme cases, even death.
However, the severity of these injuries tends to be underestimated.
If you have suffered a slide and fall accident that is not your fault, you should consider taking legal action to obtain the compensation you are entitled to if you become incapacitated.
If you fail the first time, you should also keep fighting to get the result you want.
Here’s everything you need to know about what to do if your slip and fall claim denied.
Refusing Liability
The other party may ultimately refuse liability in your case. In most cases, if the other party has insurance coverage, the insurance company’s claims adjuster will tell you that responsibility for your accident has been disproved.
Such denials of liability mean that the accused claims not to have acted negligently. This contradicts your claim that they are responsible for your harm.
In order to fight refusal by insurance companies, you must be able to prove negligence on the part of the defendant, and this will help you to make a valid compensation claim.
Proving Negligence With Evidence
If you believe that you can prove negligence in the legal sense, you can proceed and file a lawsuit before the competent court to hold the responsible party accountable.
You should be aware that this can be a lengthy legal process, which can take a long time. Don’t be put off by people who say America’s an overly litigious society. This is a myth. American’s are just great at getting what they are rightfully owed.
Their claim of personal injury is not supported by evidence. They failed to acquire medical records or did not have them. As a result, there can never be any guarantee that your claim will be decided against you.
They failed to inform the owner and the property manager of the incident in good time.
They did not have adequate time to fix the hazard that caused the fall in the first place. You were using your mobile phone and were distracted at the time of the fall. They were unable to gather enough witnesses to prove the incident.
Do not be surprised if property owners and insurance companies reject your claim for compensation in connection with your slide accident because they protect their own interests.
Rejecting Claims in the First Instance
Bear in mind that insurance companies can make a huge amount of money by rejecting claims as a first resort, which is why many people give up after their original claim is rejected.
Examples of companies that want to shirk their responsibilities can be found below. In some cases, this can lead to an insurer, court, judge, or jury rejecting your claim.
Dawn Sheehan-Lancaster filed a lawsuit claiming a landscaping company, Elizabeth Town, failed to remove snow that led to her injury.
Elizabeth Town filed a provisional appeal in response to Dawn’s lawsuit. The objection was that Dawn did not have sufficient evidence to bring a charge of negligent bodily harm.
If one component of the lawsuit is rejected, the next step is to find a new way to prove that the owner has negligently violated recommended safety policies.
It is important to recognize that in some cases, victims can hold defendants to account if they believe that their accident was caused by negligence. Without sufficient evidence, a victim may not be able to prove negligence against a company.
Claiming Compensation
The way to claim compensation in the case of slip and fall can be long and difficult. A slide and fall accident can occur if it occurs due to a problem with the floor or due to negligence on the part of the property owner or shopkeeper.
For example, if you were too busy texting when your accident happened, it is impossible to blame the owner for your damage. If you were on foot and lost your footing on a slippery, soap-foamed floor, you may be able to file a claim for your accident.
However, you must prove that your accident claim is valid and that it is not negligence.
If the court rejects your claim for lack of sufficient evidence, the law allows you to appeal and reopen your case. Remember, a slip and fall claim denied is not the end of your case.
If you need help with your case, be sure to check out this source if you live in the Houston, Texas, area.
Seek Medical Care Early for Delayed Symptoms
Seek medical attention as soon as you feel you are suffering from delayed symptoms.
The medical care you receive and the accompanying medical bills create a record of your injury that you can use to back up your claim. If your doctor gives a written opinion on your specific condition, your claim may be missed.
Look for sufficient evidence to support your claim. Gather sufficient evidence to show what the property owner knew in advance about the scene.
Common examples include surveillance camera footage, police reports detailing the incident, and images from the crime scene.
New Witnesses
Identify witnesses at the scene at the time of the accident and collect their statements and contact details. Your statements will further strengthen your claim.
With the help of your personal injury lawyer, lodge a formal claim in court to persuade the judge to rule in your favor.
Request a copy of the records and documents used to decide whether to reject your claim so that you can challenge it in your appeal.
Check your rejection letter and make a note of all deadlines you have to meet before you file your appeal, as failure to meet a deadline could result in your claim failing.
In most cases, the compensation for your slide and fall accident will come from the insurer or the property owner who won in the first instance. A slip and fall lawyer can help you here.
If you can provide sufficient evidence of negligence and the fact that the company withdraws its refusal and makes you an offer, your slip and fall injury may include surgeries and other medical bills, rehabilitation therapies, or lost wages, depending on the severity of your injury.
If not, the company can wash its hands of you and offer you less than you need.
Get a written statement from a colleague or employer explaining how the accident has taken your ability to work. You can also get an expert to explain how your condition has affected your ability to work.
Persevere With Slip and Fall Claim Denied
After initial refusal of your claim in court by the insurance company, you can challenge the decision.
Before you appeal, you should follow the right process to strengthen your claim against the first attempt.
Fighting this case can take a bit of time. But that doesn’t mean you shouldn’t fight it. It’s important to stand up for what you believe in.
If you are interested in learning more about how to come back from a slip and fall claim denied, be sure to check out the rest of our site.
