Slip-and-fall accident victims in California can file claims against businesses to earn help with their medical bills and their lost income while out of work. Unfortunately, businesses and their lawyers can find ways to avoid blame. Their insurers may reject an initial injury claim, but victims can take another pass at earning support.
If an insurer denies an accident claim, victims can then file an appeal, file a lawsuit, or report the insurer to the California Department of Insurance.
However, submitting the same case with the same evidence can result in another rejection. When your injuries are serious, it’s a good idea to turn your appeal over to a California slip-and-fall lawyer. A skilled attorney can re-investigate your case and find additional evidence to make sure the outcome is favorable for victims in need of recovery help.
Steps to Take to Appeal a Slip-And-Fall Accident Claim Rejection
Insurers are required to permit accident victims to appeal an insurance claim denial of benefits. Victims can re-file their claims, only this time they can look to make a stronger argument, so they have a better shot at recovering adequate support, and victims can rebuild their lives.
A fall on a puddle left out on a grocery store aisle, or a trip-and-fall caused by a damaged sidewalk, can leave victims with serious injuries like bone fractures, hip sprains, and head trauma. Property owners are supposed to accept blame for these hazards and help victims with the costs of recovery, but their commercial liability insurance providers can make it hard to win support.
They can even reject claims outright. They may try to argue that a victim was simply clumsy, or that a small clerical error in paperwork invalidated the claim. Fortunately, after a rejection, victims can seek an appeal and get a second chance at earning compensation.
These are a few of the important steps in a personal injury insurance appeal:
- First step, determine why your first appeal was rejected. California requires insurers to include the reason in a rejection letter. You may disagree with their reasoning, but it’ll give you an idea of where you need to build your case more strongly for a better chance at success. A skilled attorney can also interpret sometimes confusing explanations from insurers, so you don’t make the same mistake twice.
- Second step, write a formal letter of appeal to the insurer (Your lawyer would handle this for you). Indicate why you disagree with the ruling on your case.
- Third step, await a new case. The insurer will likely assign a new adjuster to your case and have it re-investigated.
- Fourth step, build a new, stronger case with additional documentation. You don’t want to submit the exact same evidence as in your first case, because that’s already failed. You’ll want to construct your case with additional evidence, witness testimony, and further proof of a business’s mistake. A skilled attorney can help you pick up evidence you may not have been aware of when filing your first claim. Your lawyer can seek witness testimony, testimony from medical experts, and can request surveillance video from the business where you fell. Your lawyer is also ready to put pressure on insurers who needlessly delay claims and cling to false information as they try to avoid liability.
- Fifth Step, negotiate for the substantial settlement check you should have received on your first attempt (or allow an attorney to represent you at the negotiating table). Maison Law has experienced lawyers who are ready to fight large companies and corporations to secure you the maximum in support. That settlement should include compensation to pay for the medical bills you have now and for the care you may need in the future. It should fully reimburse you for the job benefits and pay you’ve lost while being unable to work. It must also cover the pain you’ve endured and the emotional trauma a fall and a difficult recovery journey can cause.
Reporting an Insurance Company. Victims are also empowered to file a complaint with the California Department of Insurance (CDI). The department can investigate your claim and fine the insurer for bad faith practices. They might also order the insurer to pay you compensation.
Filing a Lawsuit. If a property owner or an insurer is clearly not interested in helping you after an injury, a lawsuit may be the next step. Your attorney will have evidence ready to file and take the insurer and the company to court. This step can scare an owner into coming back to the negotiating table and reaching a fair settlement agreement with the victim, hopefully making a trial unnecessary.
How Do I Know If I Need a California Slip-And-Fall Accident Lawyer
If you are seriously injured in an accident caused by a business or property owner’s negligence, you should speak to a California trip-and-fall accident lawyer about your options. A case involving very minor injuries, like bumps and bruises, may not leave you needing legal representation.
If your injury case was originally thrown out, don’t give up hope! These benefits can still be won. Maison Law offers a free case consultation to go over every available avenue after getting a rejection letter.
No worries about the cost of hiring a lawyer. If you need our help to hold an insurance company liable, you won’t need any money. There are no up-front costs to hire our lawyers. We only get paid if we win your case for you, and then our fee comes out of the settlement check that an insurance company must write for you.
