Slip and fall accidents are among the leading causes of injuries on property owned by someone other than the injured party. These claims are governed by premises liability law, and property owners and managers may be liable for the resulting injuries and losses. These property owners are typically covered by homeowner’s, renter’s, or business insurance, and it’s often those insurance companies that decide whether to pay out compensation for your injuries and how much that compensation will be.
Understanding how insurance companies handle slip and fall cases, including how they evaluate them and their reasons for denying them, can help you maximize your compensation following an injury you sustained on someone else’s property.
How Insurance Companies Evaluate Slip & Fall Claims
Following a slip and fall injury, the insurance adjuster’s job is to determine whether their client (the property owner) is at fault for the incident and their degree of fault. They do this by investigating how the incident occurred and gathering various types of evidence to support their findings.
Investigating a slip and fall accident involves establishing whether the hazard that caused you to slip existed, how long the hazard existed, whether the property owner knew about the hazard, and if so, whether they warned you about the hazard.
Depending on the circumstances of the case, the insurer may also look for inconsistencies in your story or evaluate the medical evidence you provided about your injury.
Why Insurance Companies Deny Slip & Fall Claims
Insurance companies deny slip and fall claims for a wide variety of reasons. They are incentivized to do so because it benefits their bottom line. Insurance companies make money by paying as few claims as possible, which is why you should never take what they say about your claim at face value.
Examples of why an insurance company may deny your claim include:
- The insurer doesn’t believe the property owner was at fault
- The insurer believes you were more than 50 percent at fault
- Your evidence doesn’t connect your injuries to the incident
- Your evidence doesn’t prove the hazard existed
In some cases, rather than denying your claim, the insurer may instead offer a settlement for less than your claim’s actual value. While it can be tempting to accept this settlement, it’s in your best interest to have a lawyer negotiate on your behalf. Having a lawyer who is a skilled negotiator handle your case is one of the best ways to maximize your compensation.
Ways to Strengthen Your Slip & Fall Claim
There are several steps you can take to strengthen your slip and fall claim. Some of the most critical steps are:
- Report the Accident – Report the incident to the property owner so they can notify their insurance provider and take steps to remedy the hazard so nobody else gets injured.
- Gather Evidence – Photograph the hazard that caused you to slip and fall, whether it’s a wet spot on the floor, uneven carpeting, or poor lighting that made it difficult to see where you were stepping. If there were any witnesses, collect their names and contact information.
- Seek Medical Attention – Make sure to follow up with your medical treatment for your injuries until you have made a full recovery.
- Avoid Speaking to Insurers – If the insurance company contacts you for a statement, direct them to your lawyer so they don’t twist your words into something that could harm your case.
- Consult a Lawyer – Always have a lawyer review your case and handle the insurance company on your behalf.
Contact Our Slip & Fall Injury Lawyers
If you sustained injuries in a slip and fall accident in South Carolina, contact Willcox, Buyck & Williams, PA, to speak with one of our experienced premises liability lawyers. Our firm has been serving South Carolina residents with comprehensive legal support for 125 years, and we’re prepared to put our knowledge and resources to work assisting you in seeking the compensation you need.