If you were injured in a slip and fall or other premises liability accident, you are entitled to compensation from the property or business owner who caused your injuries. However, it can be difficult to prove they were negligent. Here are tips on what you can do to build a winning case and receive the maximum amount you are entitled to in your settlement.
Tip #1: Preserve Evidence
You need to start collecting evidence right after your premises liability accident happens. The evidence you collect can help you prove your case. This includes doing the following:
- Obtaining the contact information for the negligent property or business owner and their insurance company
- Making an accident report and getting a copy of it
- Taking photos and videos of the scene of your accident, your injuries, and anything else that you believe could be helpful
- Getting the contact information for eyewitnesses and obtaining their statements
- Saving your shoes and clothes in the condition they were in at the time of your accident
- Collecting your medical bills and records
- Obtaining documentation of your wage losses and other benefits of your job while you were off work
Tip #2: Get the Medical Treatment You Need
You should obtain prompt medical care even if you do not believe you were injured. You may not experience the symptoms of some serious injuries, such as a traumatic brain injury, internal bleeding, or back or spinal injuries, until days or longer after the incident. You protect your health and avoid disputes with the insurance company over the cause of your injuries if you are examined by a doctor within 48 hours of the accident.
It is also important that you go to all of your doctor appointments and follow your physician’s treatment plan. This will prevent the insurance adjuster from raising disputes about the seriousness of your injuries, as well as help you heal faster.
Tip #3: Accurately Value Your Claim
You are entitled to your past and future medical expenses, lost wages, and pain and suffering in your settlement. You need the help of an experienced premises liability attorney to accurately value your claim so that you know what you should receive from the negligent party’s insurance company.
Tip #4: Don’t Settle Too Quickly
The insurance company may make an offer to settle your claim soon after your accident. Resist the urge to accept it. It is most likely for far less than you deserve. In addition, you cannot know how much future compensation you should receive until you reach your maximum medical recovery where you fully recover from your injuries or heal as much as you will and your doctor can give you a final prognosis.
Tip #5: Stay Off Social Media
You should stay off Facebook, Twitter, Instagram, and other social media sites or be very careful what you post while your claim is pending. The insurance adjuster and their attorney could search these sites multiple times for damaging statements you made or posts about activities that you should not be able to do given your injuries. Don’t give the insurance company ammunition to deny your claim or pay you less than you deserve by posting about your premises liability accident or your injuries.
Tip #6: Retain a Lawyer
As soon as you get the initial medical treatment you need, you should hire a knowledgeable premises liability attorney. They can collect the evidence you need, file your claim, and negotiate your settlement with the insurance company so that you receive the maximum recovery. They can also file a lawsuit against the negligent property or business owner and litigate your case if necessary.
Were you injured in a premises liability accident in Virginia Beach or Norfolk? Call our office to schedule your free case review to learn about your options and how we can assist you.