It's necessary to file suit in most slip and trip and fall cases.
In slip and fall cases the coefficient of friction has a lot to do with whether you'll be able to recover for your injuries.
Slip and fall legal claims require legal and procedural attention from the start. I highly recommed you consult with an experienced personal injury attorney ASAP. Don't wait for the mall to call you, they're in the business of making money by attracting merchants and buyers into the facility to exchange money for goods, not to help people who are injured. When the phone doesn't ring, it's the insurance company. You have a gap in treatment that will need to be cemented together by a medical narrative. Finally, slip and fall cases are no slam dunk, here's why: Blue link Below:
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
The insurance company will not take your claim seriously until you have an attorney. They probably did you a favor but not making you a token offer that you accepted. Take advantage of the opportunity and immediately consult with an experienced local personal injury attorney to maximize your chances of being fairly compensated for your claim.
I agree you need an PI attorney.
You should retain one immediately for the best result.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
You have already lost valuable time waiting for the insurance company to do the right thing. Retain an attorney immediately. You have a serious enough injury to get the attention of a lawyer to investigate this claim. THese are not easy cases however. What you describe appears to be a transient condition, "spilled" drink or something like that as opposed to a broken pipe for example. Just because you fell does not mean the mall is responsible. You must show that they had notice of the hazard or "constructive" notice of the hazard before you fell. As I am sure you understand, the mall can't have someone follow everyone around to make sure the floors are dry. You must show that the hazard was there long enough before you fell so that the mall should have found it and cleaned it. Sounds pretty tough? It is? One way show it was there long enough for them to know is if you saw footprints in and around the spill after you fell. The reasoning goes that if it was there long enough for other customers to have walked through it, then it was there long enough for the mall to have discovered it and cleaned it. THere are other ways. Also, another lawyer mentioned testing of the floor to show that it was not proper flooring--too slippery when wet. As you can see, the insurance company was never going to help you with this claim. Here is their motto: "Delay, deny, defend!"
Retain a lawyer as soon as possible and stop talking to the mall or insurance company--though it appears that has not been an issue so far.
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