After being injured in a slip and fall accident, it is crucial that you understand how to file and settle a claim to ensure you receive appropriate compensation. Contact a Pike County, KY premises liability lawyer for more information and representation.
How Can I Settle My Slip and Fall Claim?
- Collect evidence: Evidence is crucial when taking legal action against someone. If you are planning on filing an insurance claim against the property owner for your injuries you must begin gathering evidence as soon as possible. Take photos and videos at the scene of the accident of the hazard that made you fall, conditions, injuries, etc. Get the contact information of eyewitnesses and ensure an accident or police report is filed.
- Talk to a lawyer: While you do not legally have to hire representation to file an insurance claim, it is often helpful to consult an experienced professional. Your attorney can help evaluate your case to determine its strengths and weaknesses, gather evidence, communicate with insurance companies and relevant parties, etc.
- File the claim: File a premises liability claim with the negligent party’s insurance. Submit the evidence you gathered as well as information on the type and amount of compensation you are seeking. Your lawyer can help create an effective and sound claim.
- Negotiate: After reviewing the details of your claim the insurance company may offer you a settlement. Their first offer will likely be lower than you desire as these companies tend to implement a variety of tactics to avoid awarding high settlement amounts. With the help of your attorney, you can avoid falling victim to these techniques and negotiate effectively for the damages you deserve.
- Settle: It may take a while and much negotiating, but you and the insurance company may come to an agreement regarding the amount of compensation to be awarded. If so, you will receive a formal offer. Signing it ensures you will collect the damages offered, but it is important to keep in mind that it also waives your right to any further legal action for the situation.
- File a lawsuit: If the insurance company denies your claim or you cannot seem to reach a number that all parties agree on, you may need to file a lawsuit against the negligent property owner. If you decide to sue, your attorney can represent you during negotiations and a trial. You may be able to settle out of court or have to leave the decision up to a judge or jury if an agreement cannot be reached. During the lawsuit, your lawyer will present the evidence of your accident, injury, and the hazardous conditions that caused the event to occur. When both sides have presented all arguments, a judge or jury will determine if you are to be awarded damages and how much.
Settling a slip and fall claim can be time-consuming and expensive depending on how well negotiations go and the evidence that you have to support your claim. For legal assistance during your claim or lawsuit, work with an experienced attorney at Shane Hall Attorney at Law, PLLC.
