Dealing with the legal matter after your slip and fall-related injuries can sometimes be challenging, and one mishap on your submission could lead to a denied claim or a lowball settlement. If you are experiencing this and have received a letter stating your decision, you may still have options that will help you receive the compensation you deserve.
Reasons Your Claim Was Denied
Many factors come into play when deciding on a claim. If your claim was denied, here are a few reasons this may have occurred:
- You didn't file a completed claim, or you failed to provide certain important information
- You were unable to mitigate your injuries
- There is a lack of supporting evidence against someone fault being the cause of your injuries
- You Requested an unrealistic settlement amount
- A lack of supporting evidence for your injuries
When injured in a premises liability case, injured parties are required to mitigate their injuries sustained after the accident. This also includes taking the necessary actions and precautions to ensure a healthy recovery. Evidence to help prove you were injured by the fall is also required to have a successful claim. These could be documents such as:
- Pictures and videos of your injuries
- Broken shoes
- Medical record
- Ripped or blood damaged clothing
Filing a claim for any slip and fall-related injuries makes you responsible for establishing adequate proof of your injuries and how they were sustained. In these cases, the injured person must prove that the business or property owner is responsible for the conditions that led to the injuries. This means establishing the owner:
- Had a duty of care to avoid causing injuries to their visitors
- Violated that duty by having unsafe conditions or failing to take reasonable actions to help prevent harm
- Injuries were caused directly through the violation
If the evidence provided isn't strong enough to be accepted, the adjuster will likely deny the claim. Strong supporting evidence may include:
- Witness statements
- Surveillance videos
- Incident reports
Another reason your claim may have been denied is due to an insurance adjuster acting in bad faith. This means the insurer attempted to renege on their obligations to their clients. This could be a refusal to pay a policyholder's legitimate claim or through investigation and processing a policyholder's claim within a reasonable period.
Examples of Acting in Good Faith
- Handling settlements fairly and reasonably
- Clearly communicate with claimants
- Provide clear reasons in cases of a denied claim
- Process claims within a reasonable amount of time
Examples of Bad Faith
- Denying a claim without reasonable explanation
- Failing to promptly detail the reasons of denying the claim
- Failure to use realistic standards when evaluating the claim
If you believe your claim was denied in bad faith, be sure to contact an attorney right away. They will be able to serve as a resource and help you understand the details of your case.
If an insurance adjuster denied your claim, this doesn't particularly mean your case is over and closed. You still have time to negotiate. Be sure to refer to solid evidence that will help support the reason why your claim should be successful. This could be as simple as communicating with your lawyer about mitigating your injuries and proving medical bills and statements as proof.
Contact an Attorney
Filing successful slip and fall claims can be complex if you are not experienced. It's common for people to receive claim denial letters, but luckily our team is here to help. Our team is comprised of award-winning lawyers who want to be a viable asset to your case. We are dedicated to ensuring your legal matters are dealt with in a timely, professional, and successful manner. Let us fight for your rights.
Call us today at or visit us online to schedule your free case review.