Ouch! Did You Slip and Fall? Don't Let The Insurance Company Hurt You More Thinking It Is a Scam. Protect Your Rights!
Have you ever come across a pool of water on the floor of a supermarket?
In theory, this situation would not be a problem. You just have to avoid stepping on the pool of water and keep on walking. But imagine what happens if an old lady or a kid accidentally stepped on it. It would be a completely different case. This scenario will most likely lead to a slip and fall accident.
These types of accidents are more common than you think. They can occur in shops, malls, amusement parks, sidewalks, or even in a friend’s house, among other places. According to the National Insurance Crime Bureau (NICB), the medical expenses associated with a slip and fall accident can be up to $40,000.
Nonetheless, a lot of people have taken advantage of such accidents to scam insurance companies by making up a slip and fall situation. This abuse has made things complicated for the true victims to obtain the benefits they are entitled to.
The Federal Bureau of Investigations (FBI) reported that scamming insurance companies caused losses up to $40 billion annually, with at least $2 billion from slip and fall accidents.
If you legitimately experienced a slip and fall accident, Farahi Law Firm, APC will protect your rights and prevent misunderstandings of scams.
Steps to Follow After a Slip and Fall Accident
To ensure a successful case, it is important that you do the following after the accident:
- Report the accident to the manager or a supervisor. It doesn’t matter if you think your injuries are not severe.
- Do not exaggerate. Be true to the facts.
- Seek medical attention. Remember that the injuries could be more severe than they look. Besides, you will need medical evidence to support your claim.
- Do not pretend that your injuries are more severe just to collect a higher sum of medical expenses. If it is shown that you are faking, you could lose your full compensation.
5. Go back to the scene and take as many photos as possible. Put special attention to any crack, unevenness, or slippery material on the floor.
6. Ask if they have surveillance cameras. If that’s so, ask the manager to keep the footage of that day.
7. Never give a statement to any insurance company, not even your own. Remember that adjusters just want to reduce liability so the less you talk, the better.
8. Contact a personal injury lawyer. At Farahi Law Firm, we thrive on protecting our client’s rights, so you can be sure that we will make sure to obtain the compensation you are entitled to.
How to Demonstrate the Liability in a Slip and Fall Accident
To demonstrate that your accident is not a montage and that you are actually injured, it is important to answer these two basic questions:
- Who is liable for the accident?
- Were these people negligent? Could they have prevented the accident?
As a slip and fall victim, it will be necessary that you prove one of the following options:
- The owner of the place where the accident happened, the supervisor, and/or an employee recognizes that there were dangerous conditions to walk?
- Did he/she try without success to remove or fix them?
- We want to know if a reasonable person would have identified the condition as dangerous and if the “defendant” had an opportunity to resolve the situation before the accident occurred.
- The owner of the place where the accident happened and/or an employee or a supervisor caused the scene to be dangerous, which provoked your accident.
Negligence in a Slip and Fall Case
To consider that the owner of the place is liable, it will be necessary to demonstrate his/her negligence when the accident happened so we will need to prove the following points:
- Was the dangerous condition or obstacle that caused your accident existed long enough that the owner or a reasonable employee could have taken actions to remove the hazard?
- Did the owner or the employee have a routine policy to verify that there were no possible dangers in the property? If that is the case, is there a record where we can check if they were compliant with the procedure?
- Was there a reasonable justification for the potential hazard to exist? If that is the case, was it valid?
- Could they have implemented preventive actions to make the condition less dangerous? For example, install warning signs in the area or forbid access to the zone.
- Was there bad illumination or limited visibility?
What Is Your Role in the Accident?
The owner of the place or his/her insurance company will try to blame you and will say that you were partially at the fault of the accident. Their main goal is to reduce the amount of compensation you are entitled to.
You could be partially at the fault to the slip and fall accident so it will be necessary to evaluate the following elements:
- Did you participate in any activity that could prevent you from realizing the danger? For example, talking on the phone, sending messages, or taking pictures.
- Did you have legal access to the place where the accident happened? Was there a legitimate reason for you to be in a dangerous area?
- Were there any adequate warning signs which you just ignored? Did you ignore any other security actions?
Take into account that if the defense manages to show that your carelessness caused to slip and fall, it is very unlikely to support your claim and win the case. Hence, it is always best to be vigilant. You never know when you will be in danger.
If you have any questions about any of this, don’t hesitate to contact us. At Farahi Law Firm, we have experienced lawyers in slip and fall accidents. We are here to fight for and with you! Call us at (844) 244-2955 for a free evaluation of your case.