Slip and Fall Lawsuits: Navigating Insurance Claim Denials with Expert Legal Assistance

RICHARD J. VALLE | VOZH New Mexico Best Personal Injury Attorney Lawyer
Richard J. Valle
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CRIOSTOIR CHRIS O’CLEIREACHAIN | VOZH New Mexico Best Personal Injury Attorney Lawyer
Criostoir (Chris) O'Cleireachain
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MATTHEW J. ZAMORA | VOZH New Mexico Best Personal Injury Attorney Lawyer
Matthew J. Zamora
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Andrea D. Harris
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Slip and Fall Lawsuits: Navigating Insurance Claim Denials with Expert Legal Assistance

Accidents happen, and unfortunately, slip and fall incidents are all too common. From a wet floor at a grocery store to a cracked sidewalk outside a commercial building, slips and falls can result in serious injuries and financial burdens for victims.

If you or a loved one has experienced a slip and fall accident and had your insurance claim denied, you are not alone.  

The Prevalence of Slip and Fall Accidents

Slip and fall accidents are among the leading causes of personal injuries in the United States. According to the National Floor Safety Institute (NFSI), these accidents account for over one million hospital visits annually. A slip and fall can occur in various settings, such as:

  • Retail stores
  • Restaurants and bars
  • Office buildings
  • Public sidewalks
  • Residential properties
  • Parking lots and garages

While some slips and falls lead to minor injuries like bruises and sprains, others can result in severe consequences such as broken bones, head injuries, and spinal cord damage.

Understanding Slip and Fall Lawsuits

When someone sustains injuries due to hazardous conditions on another person or entity's property, they may have grounds to pursue a slip and fall lawsuit. Slip and fall cases fall under the premises liability category, which means that property owners have a legal duty to maintain safe conditions for visitors and guests. It’s important to remember that when a lawsuit is filed because of a slip and fall, the plaintiff is suing the insurance company of the defendant—not the individual person. It’s the insurance company that is denying a claim—not the individual.

To establish a strong slip and fall lawsuit, several elements must be proven:

  1. Duty of Care: The property owner or manager had a duty to maintain a safe environment for visitors.
  2. Breach of Duty: The property owner breached their duty of care by failing to address or warn about the hazardous condition.
  3. Causation: The hazardous condition directly caused the slip and fall accident.
  4. Damages: The victim suffered injuries and incurred financial losses due to the accident.

Common Reasons for Insurance Claim Denials

Even though slip and fall victims have a legal right to pursue compensation, insurance companies frequently deny valid claims for several reasons:

  • Lack of Evidence: Insurance adjusters may argue that there is insufficient evidence to support the claim, making it vital to gather as much evidence as possible after the accident.
  • Pre-existing Conditions: Insurers might assert that the injuries existed before the slip and fall accident or were unrelated to the incident.
  • Comparative Negligence: Insurance companies could claim that the victim's negligence contributed to the accident, thereby reducing their liability.
  • Policy Exclusions: Some insurance policies might exclude coverage for certain types of accidents or injuries, leading to claim denials.

Unfortunately, insurance companies are experts at finding ways to deny legitimate personal injury claims which is why a personal injury attorney is an important advocate.

The Role of Legal Representation in Slip and Fall Lawsuits

Dealing with an insurance claim denial can be overwhelming and frustrating, especially when you are already dealing with the physical and emotional toll of the accident. This is where a seasoned personal injury attorney with expertise in slip and fall lawsuits can make all the difference. The team at VOZH Law has successfully tried hundreds of slip and fall cases and is ready to sit down and talk through your case to see how we can help.

Here are the ways VOZH can help:

  1. Contingency Fee Basis: VOZH personal injury attorneys work on a contingency fee basis, meaning they only get paid if they successfully recover compensation for you, providing peace of mind during a financially challenging time.
  2. Understanding the Law: Slip and fall laws can be complex, but an attorney will have a deep understanding of relevant laws and how they apply to your case.
  3. Comprehensive Investigation: Our skilled attorneys will conduct a thorough investigation of the accident, gathering evidence such as surveillance footage, witness statements, and maintenance records.
  4. Expert Negotiation: Our attorneys are experienced negotiators. We don’t encourage our clients to settle, however, if a settlement is generous and in the best interest of the client, our attorneys can negotiate with insurance companies on your behalf.
  5. Litigation: If a fair settlement cannot be reached, VOZH will take your case to court and advocate for your rights in front of a judge and jury.

Seeking Justice and Fair Compensation

No one should have to bear the burden of medical bills, lost wages, and emotional distress resulting from a slip and fall accident, especially when the insurance claim is wrongfully denied. By enlisting the services of a knowledgeable personal injury attorney, you can level the playing field and increase your chances of obtaining the compensation you deserve.

Do You Have a Slip and Fall Case? VOZH Can Help.

Slip and fall accidents can lead to life-altering injuries and financial hardships, making it essential to pursue fair compensation through a slip and fall lawsuit. When facing insurance claim denials, a personal injury attorney can be your greatest ally, fighting for justice and ensuring your rights are protected. Remember, time is of the essence, so reach out to the qualified attorneys at VOZH Law as soon as possible to secure the best possible outcome for your case.

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