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In Slip & Fall case, the facility claim adjuster/investigator has contacted me. What should I do?

Dallas, TX |

The facility in which I fell & injured myself has contacted me wanting to know in my words what happened. The adjuster told me there is not a question of liability and willing to repay my medical expenses once all are complete. That could be years if I in fact need surgery. I need money now. How can I get them to agree to a settlement now or is that possible? Also, having difficulty finding an attorney. No one seems to want to take on this facility. All say it's too hard to prove liability. Isn't that strange, since my fall was caught on security surveillence & there were witnesses plus the facility is saying there isn't a question of the liability. What's up? I need help now. Thanks.

Attorney Answers 5

Posted

I don't practice in Texas, but in California we generally advise our personal injury clients not to talk to an adjuster without the attorney being present or on the phone in a three-way call, especially if the call or interview is being recorded. However since no attorney seems to want your case, if you do speak with the adjuster, just be absolutely truthful. Don't exaggerate and don't underplay your injuries either. In California, it isn't enough that you fall. You have to show negligence on the facility to have a good claim. It is also difficult to obtain a quick partial settlement as insurance companies usually either want you to settle for peanuts quickly, though they may allow you an amount for future treatment, or to wait until all your treatment is done and your bills are received. Be wary of amounts set aside for future treatment as they may couch this in terms such as "reasonable medical treatment" and what is reasonable to you or your doctors may not be reasonable for the insurance company. If you fear you may need future surgery, make sure the amount set aside is sufficient. Surgeries often cost $30,000 to $100,000 and more is usually needed after that for physical therapy, prescriptions, etc. In California you're entitled to your medical bills, an amount for pain and suffering (usually larger than your bills), wage loss, future medical treatment, future wage loss, etc. Talk to a Texas personal injury attorney if you can find one - tell them the facility isn't fighting liability. Keep trying to find one. Good luck.

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Posted

Yes it does seem strange, although slip and fall cases can be difficult. Do realize that although the adjuster may be telling you there is no issue of liability, it might not be so simple if a lawsuit it filed. Also, the facility may be self insured, which usually makes it more difficult but certainly not impossible to settle a case. So, you need to keep looking a bit as it is generally not wise to represent yourself and NOT a good idea to give a statement without a lawyer. I am sure you could get them to agree to settle now, but you may find yourself sorry you did that somewhere down the road, as you will probably settle for less than what your case is worth. At least try some more to find an attorney to represent you before you give up!

Perhaps someone from Avvo will respond here to your post. If not, click on the Find a Lawyer tab on the top of the Avvo home page to see if you can find someone near you to talk to or click on the link below to access the Find a Lawyer database. http://www.avvo.com/find-a-lawyer


JOYCE J. SWEINBERG ESQUIRE
Attorney at Law
105 A East Maple Avenue
Langhorne PA 19047

215-752-3732
jjsesq@comcast.net

Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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Posted

I would keep trying to find a lawyer, I would not talk to the adjuster (it is generally not in your best interests to give a statement without legal representation). Try a google search for lawyer, slip and fall, dallas. Lawyers who are advertising for slip and falls are more likely to take this case (you can see them on the far right side and top). Don't settle too quickly. Until you really now your damages, you cannot really know the full value of your case.

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Posted

You should not talk to the adjuster again without first speaking to an attorney. I would be happy to discuss this matter with you and explain the claims process to you and what options you may have. My number is 512-472-8318.

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Posted

DO NOT GIVE A STATEMENT WITHOUT A LAWYER

You should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.

The insurance company is not your friend and is not concerned with your injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate by you by delaying payment, giving you a low offer, or denying claim hoping you will get mad and go away.

I should know because I worked as a lawyer for insurance companies for 10 years.

You may make a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.

I would be more than happy to talk with you about the accident. I can be reached at (214) 800-3454 and my office is in Dallas.

Please visit the links below for free videos and information about Dallas premises liability accidents. You can also send a confidential e-mail to my website at www.kiplawfirm.com.

Sincerely,

Jason

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