Pursuing recompense for injuries sustained in a slip and fall is often a challenging business. One of the parts that make it so challenging is the dealing with the insurance companies. We already know these companies do what they can – often ungraciously (and even unethically) to keep from paying out claims.
Adjusters use all sorts of tricks, employing all kinds of questionable logic, to come to the conclusion that the claimant has a faulty claim and shouldn’t be compensated. This is the time in which a slip and fall lawyer near me becomes an invaluable tool in fighting for your rights.
Understanding Insurance Company Strategies
Slip and fall claims are a common kind of personal injury case. Insurance companies, as well as the defendants who carry insurance, know how to undermine them and defend against them. That’s because they handle the cases over and over again.
They have strategies, tactics, and methods (some of them pretty underhanded) for dealing with fall claims. If you want to win a slip and fall case, you have to be aware of and prepared for what the other side is going to do in advance.
Collecting Strong Evidence
Gathering compelling proof is one of the most vital parts of a slip-and-fall case. An attorney knows how to obtain and keep vital evidence secure, like pictures of the accident’s location, testimony from people who saw the incident, and health records.
They know what to get and what to use to demonstrate that the other party – typically either the owner or manager of the property where the accident occurred – was negligent. And they know how to play the evidence they have for maximum effect to make the insurance company that is attempting to deny the claim look bad.
Expert Witnesses and Testimony
In many instances, cases involving a person slipping and falling can benefit from the use of an expert witness. A lawyer who takes on such cases often has at his or her disposal a network of people who could serve as “expert” witnesses to help clarify for a judge or jury what was expected of the defendant when it came to maintaining safe conditions on their property, and what kind of lapse allowed the plaintiff to come to injury.
Negotiating with Experience and Confidence
The negotiation part of an accident lawyer’s job is crucial. When a claim is filed, the insurance company usually presents an initial offer to “settle” the claim for an amount that’s often way too low. A slip and fall lawyer near me who is skilled at negotiating knows how to get a settlement amount that’s more in line with what the claim is really worth.
In doing so, the attorney demonstrates the whole range of the damages their client has suffered, beyond just the physical injuries and disabilities that the client might be dealing with; from medical expenses, lost wages, and pain and suffering. They prepare a demand letter and back it up with evidence so that the adjuster gets the message loud and clear: this case could go to trial.
Litigation Preparedness
Even when the case has merit and the insurance company has no good reason to deny, some insurance companies will refuse to give a fair settlement unless they are pressured into it. For some companies, that means a lawyer being ready with all the necessary documents for a trial.
If negotiations do not lead to a satisfactory settlement, your attorney must have the ability and the know-how to prepare the case for court. Indeed, some insurance companies will take a lawyer more seriously if they know that they are preparing for a trial and are willing to go through the litigation process.
Countering Blame-Shifting Tactics
One common strategy insurance companies use is to argue that the accident was partly or entirely the fault of the injured party. They might claim that the victim was not paying attention, was wearing inappropriate footwear, or was in an area they shouldn’t have been. A slip and fall lawyer is well-versed in countering these tactics by gathering evidence that establishes the property owner’s negligence.
This may involve proving that the hazard was not properly marked, that it had been there long enough for the owner to address it, or that similar accidents had occurred before. With solid evidence, a lawyer can challenge attempts by the insurance company to place undue blame on the injured person.
Partnering with a Skilled and Experienced Slip and Fall Lawyer Near Me
Insurance companies can make the experience of an accident much harder to cope with. They don’t like to pay out claims, and they have many ways of working around the law to avoid doing so. That’s why strong lawyers are needed to tackle these obviously unfair practices. A good slip attorney understands all the traps that insurance companies set and knows how to work around them.