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:

Photos
Witness statements
Surveillance videos
Incident reports

Bad Faith

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.

Negotiation

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.