QUESTION

What should I do after a slip and fall? How?

Asked on Aug 18th, 2015 on Personal Injury - Illinois
More details to this question:
I slipped and fell on 2/1/14 in a retail store. I had bruised knees and a sprained right wrist (went to doctor). I was right under a camera and know they have the video. I reported it and sent them all the information. I told them there was a shopping list on the floor and it was slippery and that is what I thought caused it but wasnโ€™t sure. I received letter in mail stating the claim was denied. Can you help?
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5 ANSWERS

Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim ?comparative fault?, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.
Answered on Aug 19th, 2015 at 5:01 PM

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Slip and fall cases are normally difficult to prove. ?The defendant argues there was no defect, or it could not cause the slip [the sales slip would probably have to be greasy or have some substance on it for it to slip out under your foot and cause you to lose your balance], or that you should have seen it and thus avoiding it. ?Juries do not like to find liability. ?Since it sounds like your injuries were relatively minor compared to others, the case seems to have too little of a value for an attorney to be willing to handle it. ?You could hire an attorney to write a demand letter and charge you for only an hour, but they have already rejected the case so they probably will not change their mind. ?Probably the only avenue open to you is representing your self in Small Claims Court.
Answered on Aug 18th, 2015 at 6:32 PM

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Ronald A. Steinberg
Get a competent lawyer. You already wasted a lot of time.
Answered on Aug 18th, 2015 at 4:56 PM

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James Eugene Hasser
Unless you can prove that the store somehow was at fault, it would have no liability to you. If the store has a medical payments provision in its premises liability policy, it may pay for your medical bills only up to the limits of the policy. Good luck.
Answered on Aug 18th, 2015 at 3:51 PM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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It is sometimes possible to fight an insurance company after they deny a claim. It is important to gather information about the accident and your medical treatments. An injury attorney would be able to give you a free consultation and tell you whether there is a chance to win your case.
Answered on Aug 18th, 2015 at 2:48 PM

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