Most property owners in the Memphis area have what is called liability insurance. Liability insurance protects the owner against claims alleging injury because of a dangerous condition the owner created or knew about and should have corrected. It is essential that contact is made with the property owner’s insurance company and that a dialog is opened to resolve the matter without a lawsuit.
However, it is also important to remember that the insurer’s goal is to pay the injured person as little as possible. This makes talking to insurance companies after a Memphis slip and fall injury a task that should only be done under the guidance of an experienced slip and fall attorney. Contact the Law Office of David E. Gordon today with any questions or to schedule a free consultation.
Dealing with a Memphis insurance adjuster without an attorney after a slip and fall injury is a dangerous venture. The insurance adjuster’s main objective is to obtain an admission from the injured person that would allow the insurer to deny the claim. For example, if an injured party were to tell the adjuster that they are not sure why they fell, the insurance company will likely dispute the validity of the case.
If the adjuster cannot get a statement from the individual that will allow them to dismiss the claim, their next objective is to pay the injured person as little as possible. This is why attorneys recommend against giving a recorded statement to the insurance company or filing a lawsuit without a lawyer. If seasoned legal counsel believes that a recorded interview by the insurance company is necessary, they will prepare their client thoroughly. They will also be on the phone with them to ensure their answers are not distorted and that the questions are fair.
Tennessee has what is called comparative negligence. This means that the fault of the injured person will be compared with the owner’s responsibility in allowing the dangerous condition to exist. It is common for the owner’s insurance company to blame the injured person for their losses. The insurance company will usually allege that the injured party fell because of an obvious hazard.
If the insurance company or their lawyer can convince a court in Tennessee that the injured person is 50 percent at fault for the injury, then that person is not entitled to compensation.
When the client finishes their medical treatment, David will gather all the photographs, medical records, medical bills, and proof of lost earnings to create a demand package. Once all pertinent details of the Memphis slip and fall injury are submitted to the insurance company, negotiations for a particular amount of money will begin. This process can typically be completed without the need for a trial.
However, when there is a significant disagreement about fault or the value of the injury, and a settlement cannot be reached, the only remedy is to file a lawsuit. The insurance company will then hire a lawyer to represent the owner and the insurance company in the claim.
An attorney is an invaluable ally when talking to insurance companies after a Memphis slip and fall injury. Not only will they ensure fair handling of the case, but they will also fight to maximize your awarded compensation, handle all paperwork so you can focus on healing, and even help you seek appropriate medical care.
Contact the Law Office of David E. Gordon today to take advantage of our free consultations, and for board-certified legal guidance you can trust.