When an accident results in injury due to a property owner’s negligence their insurance company will often try to dispute or minimize the claim of the injured person. Act immediately and protect your rights with these steps:
- Seek immediate medical attention after reporting the incident (if the injury is urgent call an ambulance or go to an emergency clinic first). The medical record is important for establishing evidence of injury due to the accident.
- Take photos and contact witnesses. If possible, take photos at the scene and gather contact info from any witnesses. This will help to establish more evidence and strengthen your case with tangible proof. It’s likely that you will have to prove the property owner’s negligence caused the accident, and that it was not due to anything on your part. The opposing party will look for ways to deny the claim which include putting responsibility for the accident on the injured person.
- Decline to give statements to the property manager or owner. A lawyer can help you if you are asked to give a risk report which is necessary in order to file a claim. During these reports or statements anything said can be held against you. A lawyer will help you to protect yourself during this step in the process. Also decline to sign any liability waiver or agreement as this may sign away your right to file a personal injury claim.
- Avoid posting any details about the incident to social media. It’s also a good idea to avoid posting anything at all just to be on the safe side. Even innocent pictures of a dinner out after the incident may be used against you.
FAQs
What if my claim gets denied?
Insurance companies try to deny as many claims as possible because those claims eat into their profits. Adjusters will often work to get you to divulge details about the accident in an official statement that can damage your case. The offers you initially receive will probably be very little compared to what you deserve and are entitled to. Adjusters will try to claim that what they are putting on the table is a “fair” offer. Insurance companies will also employ a stalling tactic in an attempt to wait you out. This stalling causes people to lose confidence in their claims and eventually accept a lower settlement. Another tactic is the outright denial of a claim. Denial is not the end of your case however. The burden of proof lies on the injured which means you must prove that the accident was due to the business/property owner’s negligence. Evidence that will work in your favor are photographs, medical records, and witness testimony. Medical records are important to establish that you did not have a pre-existing condition or that the accident further worsened what condition you may have had.
How long does it take to settle a claim?
Depending on factors such as when the claim was filed, the insurance company’s response, and the litigation process. Some issues that can draw the length of a case out are disagreements on the facts of the case, the value of the case, and whether or not you are still undergoing treatment. The facts of the case include who is responsible, how the accident happened, and if you are partially to blame for the accident. If the case is valued as much higher by one party than the other it may take longer for both sides to negotiate a fair settlement. If you are still undergoing treatment, the court may wait for the treatment to finish before proceeding with the case which can also lengthen the time it will take to get the settlement.
How do I prove who is responsible?
Physical evidence, witness testimony, and any documentation such as medical records will greatly aid you in proving the negligence of the party responsible.
If you’ve been injured at a place of business, entertainment, an apartment complex, government property, or any other location, call or text the Law Office of Zain W. Mohammad. P.L.L.C. today at 214-694-5716 You may also email at: zain@paragonlegallaw.com. We have experience getting the best for our clients and will communicate with you at every step of your case.