What to Do If Your Slip and Fall Claim Was Denied

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The victim of a slip and fall accident typically has the right to seek financial compensation for the losses they incurred. To do so, you must demonstrate that the property owner or manager was responsible and negligent for your injuries. That can be complex to do, and insurance companies may deny your claim initially. There are several things you can do if your slip and fall claim was denied. Always talk to a Long Beach slip and fall accident attorney.

Learn Why The Slip and Fall Claim Was Denied

To deny your claim, the insurance company will send you a letter that outlines the specifics of your claim and the reason for the denial. Read through this carefully. In some situations, they may deny a claim because they lack information about what happened or documentation of your losses. In these situations, supplying that information may allow you to turn the denial around.

Common reasons for a denied slip and fall claim include:

  • Lack of evidence to show the owner was negligent
  • Lack of information that shows what your injuries were at the time of the accident
  • Verification that your accident and injuries were not caused by your negligence
  • Lack of medical care and documentation of the steps you took to receive treatment
  • Inaccuracies in the value of your claim compared to what would be expected in an accident like your own
  • Lack of evidence that demonstrates why you fell, where you fell, or how the incident took place
  • You failed to file the claim within the California statute of limitations

By correcting any of these areas, as determined by the insurance company, it may be possible to reverse the denial of coverage. That is not always possible.

Hire an Attorney for Your Slip and Fall Claim

If the process is more complex or you do not know what else you can do to prove your injuries and losses, hire a Long Beach premises liability lawyer to help you. Your attorney will:

  • Review the denial to determine what strategies can help resolve it
  • Gather additional evidence of the fault involved in the matter and build up your claim against the at-fault property owner or manager
  • Reconsider the compensation claim you made to the insurance company, documenting all of the losses you have with evidence to back up those claims
  • Negotiate with the insurance company when possible, often as a way to get them to agree to a claim
  • File a lawsuit against the at-fault party to pursue a court-ordered settlement

In many situations, if your attorney must seek compensation from the at-fault party through a lawsuit, the process will go through a discovery phase. During this process, the insurance company will investigate, ask questions, and gather data. It is not uncommon for them to determine that they should settle your claim then. If they do not do so, then your lawyer represents you in a court of law.

Seeking Additional Action

In some situations, you can seek additional steps to hold those who treated you poorly accountable. If you believe the insurance company acted in bad faith, meaning they purposely and knowingly did not provide you with fair compensation and denied your claim, you can also file a complaint with the state insurance commissioner to allow them to investigate.

Seeking Legal Guidance Is Essential

When it comes to what to do after a slip and fall claim was denied, the only thing you should not do is give up. Instead, turn to an injury attorney in Long Beach who can guide you.