insuance co. was very rude,asked "why are you calling us" asst mgr of movie theater called me and gave me a claim number and said to call there insurance co. they asked if they could record my call I said yes,2 days later i received a letter from them stating they have no responsibility for my accident, do I have any options ?
I need more information about the cause of your fall. What did you slip on? Where did it occur? Do you have any photographs? Did you complete an incident report at the time of the fall? You should contact a personal injury attorney and be able to provide answers to those questions and others. Good luck.
Your post is a little short on details in regards to the circumstances of the fall itself. Can you describe what happened and what caused the fall? The fall would need to be the result of a danger on the property that the Suncoast either created or was aware of and failed to warn of it and/or correct it. If that burden can be met, then you could have a case against the Suncoast. Finally, what are your injuries? You can only recover for the reasonable costs of treatment and any related lost wages or pain and suffering. If you would like to discuss this case in person or on the phone I would be happy to do so.
In order to recover monetary damages from the Suncoast, you have to show how they were at fault. It is a common misconception that slip and fall cases automatically create liability. They do not. In fact, it is the Plaintiff's burden to prove that there was some hazard created by the negligence or purposeful act of the premises owner.
For instance, if you fell over another patron's purse sitting in the row, you are unlikely to be at fault unless somehow the theater knew about the hazard and failed to remove it. If there was a piece of broken carpet that created a hazard, though, it could be a completely different story.
Here, the facts are very important. Slip and fall cases can be very good or very bad.
Also, the level of injury is important. I used to defend casinos in a previous job. They tend refuse settlement and push litigation more than any other type of defendant. If you have soft tissue injuries to the tune of $3000 in meds, your monetary recovery is unlikely to be substantial enough to justify a lawyer investing in the costs of the lawsuit (assuming you can't front the costs of litigation). The costs of a lawsuit can be astronomical. If you have a broken femur or require back surgery, your medical bills could possibly justify the costs of suit.
My firm offers free consultation, has a ton of experience on the plaintiff's and defendant's side of these type of matters. Call us and we can evaluate your claim.
Simply because a person falls on someone else's property, that does not make the property owner liable. You made an error in allowing the insurance company to take a statement from you over the phone. There adjusters are trained to ask questions in such a way as to minimize or absolve themselves from liability.
You will need to be able to show that the negligence of the theater caused you to fall. If you tripped over your own feet, you do not have a viable claim.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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