Homeowners’ insurance is a key consideration for anyone who slips and falls at someone else’s residence. If the person responsible for your slip and fall has a homeowners’ insurance policy, you will likely file a claim through their insurers. Therefore, the details of the policy will be critical to your ability to obtain fair compensation.
Homeowners’ insurance can be a financial lifeline after a slip and fall accident, but it’s not a given that the insurer will honor its contract. If you hire a slip and fall accident lawyer, they can file a lawsuit on your behalf if necessary.
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Types of Insurance Coverage You May Access Through a Homeowners Policy
Homeowners insurance policies typically include two coverage types that apply to slip and fall accidents, which are:
- Medical payments (MedPay) coverage: MedPay coverage is specifically designated to pay for the medical expenses of those unintentionally injured on a homeowner’s property. This coverage generally applies regardless of who is at fault for causing the injuries, so it is a common way to seek coverage for those injured in slip and fall accidents.
- Liability coverage: Liability coverage generally includes far higher coverage limits than MedPay coverage, so it may be the primary coverage of concern if you suffer serious injuries. Slip and fall accident victims are typically only entitled to liability coverage if the homeowner’s negligence caused the slip and fall.
The means through which you seek compensation can depend on several factors, including:
- Whether or not the homeowner (or another party) was negligent in causing your slip and fall
- Whether the homeowner is insured (and what types and amounts of coverage they have)
- The specific types of injuries you suffered as a result of the fall
- The types of treatment you need for injuries
- The types of losses you suffered in addition to medical bills (such as pain and suffering)
- The total cost of your fall-related losses
These are complex details. You might have difficulty sorting them out even if you weren't injured. Considering that you suffered an injury due to a slip and fall accident, you may struggle immensely to determine how to seek compensation. It may be even more difficult to actually obtain the money you deserve.
Allow an experienced slip and fall lawyer to handle every detail of your case. They will have a history of handling both homeowners insurance claims and lawsuits, and they will create a personalized case plan for you.
When Is a Homeowner’s Insurance Provider Obligated to Cover My Injuries?
You may have access to MedPay coverage regardless of whether the homeowner was negligent in causing your slip and fall accident. If you want to seek compensation through liability insurance or file a lawsuit, your attorney must prove the homeowner was negligent.
Proving negligence will require your attorney to:
- Show the homeowner owed you a duty of care: A duty of care is a legal requirement that someone act in a reasonable manner. For instance, if a homeowner knew there was a leaking hose on their property, they’d have a duty of care to warn you about it at the very least.
- Prove the homeowner breached their duty of care: Your lawyer will prove what the homeowner did or didn’t do that led you to slip and fall. Using evidence they collect during the investigation of your accident, your attorney will leave no doubt that the homeowner was negligent.
- Link the breach of duty of care to your slip and fall accident: This step is called “causation.” Your attorney will establish a direct link between the homeowner’s negligence and your slip and fall accident.
- Prove the damages you’ve suffered because of the slip and fall accident: Your lawyer will show how the homeowner’s breach of duty of care has caused you to suffer economic and non-economic damages.
There are many steps a homeowner can take to minimize the risk of a slip and fall on their property, which include:
- Warning anyone who enters the property of possible slipping hazards
- Repairing or removing slipping hazards as soon as possible
- Ensuring there are no puddles or other liquid slipping hazards on the property
- Blocking off areas of the property that contain slipping hazards the homeowner cannot immediately repair or remove
- Installing adequate lighting throughout the property, which may allow guests to see and avoid slipping hazards
- Anticipating hazards that might emerge, like puddles that develop when people are swimming
- Installing materials meant to reduce the likelihood of a slip and fall
If a homeowner failed to take any measure that may have helped you avoid the fall, they are likely negligent and, therefore, financially responsible for your damages.
Should I Hire a Lawyer or Handle My Own Slip and Fall Claim?
Many slip and fall victims find it beneficial to hire an attorney. Whether you file a claim with the homeowner’s insurance company or ultimately sue, having a lawyer on your side may be the right decision.
Some of the common reasons why slip and fall accident victims hire lawyers include:
- The demands of recovery: Those who suffer falls may need substantial medical care and rest. This is demanding enough, and on top of it, you may have a lowered ability to deal with stress. You can put your time and energy into your health when you hire a slip and fall claim lawyer.
- The complexities of homeowners’ claims: There are several decisions to make regarding a homeowners’ insurance claim. You likely have questions about which coverage to access and how much compensation to pursue. A lawyer will handle these questions for you, updating you about major case decisions along the way.
- The potential of a lawsuit: If you ultimately decide to pursue a lawsuit, odds are that you will certainly struggle to navigate the legal process on your own. When you hire an attorney, you can pursue a lawsuit if you choose to. This gives you leverage against insurance companies, and they might take your claim more seriously.
- The experience a lawyer brings to your case: A lawyer with experience will have seen cases like yours. They will have a history of securing fair compensation for other slip and fall victims. This experience will be an invaluable asset to your case.
- The resources a law firm provides: Your lawyer will cover the cost of any experts whose services will improve your case, and this is just one of many resources they can provide.
Don’t go it alone after suffering injuries in a slip and fall accident. Let an attorney fight for the entire financial recovery you deserve.
Potential Challenges to Those Who File a Slip and Fall Claim Through Homeowners’ Insurance
Securing fair compensation from an insurance company is not always easy. Some of the challenges a lawyer will face on your behalf include:
- Disputes about fault and liability
- The denial of your claim
- Bad-faith negotiation tactics
- Coverage limits that are less than the value of your losses
- Lowball settlement offers from the insurance company
You’ve been through enough. Allow a lawyer to handle these challenges for you.
How Your Attorney Will Work to Secure Fair Compensation Through Insurance (or Other Means)
Your slip and fall accident attorney will take the entirety of your claim (and any lawsuit you file) out of your hands, as they will:
Deal with Adjusters and Other Insurance Representatives
Your lawyer will handle every interaction with insurance reps. This will ensure that nobody can violate your rights. Your lawyer can also press the insurance company to act ethically and move your case forward.
Document the Cause of Your Fall
Proving negligence is a key step in your case, and your lawyer may do so using:
- Video footage of the slip and fall accident
- Eyewitness testimony detailing the fall and the hazards that led you to slip
- Your own account of the slip and fall accident
- Any other evidence that helps prove the homeowner’s negligence
Expert testimony may be another key piece of your case, and your lawyer will arrange for experts to testify about the homeowner’s negligence.
Calculate Your Losses
Your attorney must determine how much money you deserve for fall-related losses. They will calculate the value of both your present and future losses to determine how much compensation you are entitled to.
Present a Demand Letter and Handle Negotiations
Your attorney will demand that the insurance company provide a settlement covering your losses. The demand letter may include a basic reasoning for why your lawyer is demanding the compensation they are demanding.
There is a significant chance insurance companies do not meet your lawyer’s initial demands. This will prompt settlement negotiations, and your lawyer will stand firm behind their valuation of your losses.
Lead Any Lawsuit You File
Filing a lawsuit may be the next step if the insurance company refuses to pay for your losses. Your lawyer will lead every step of the legal process, including:
- Drafting the lawsuit
- Filing the lawsuit
- Informing defendants about the lawsuit
- Continuing settlement negotiations after the defense receives notice of the lawsuit
Lawyers know the information that must be included in a lawsuit and the format for drafting and filing suit. This will allow your lawyer to efficiently draft and file your suit if that time comes.
Represent You at Trial, If Necessary
If you file a lawsuit and liable parties continue to refuse your lawyer’s settlement demands, you may choose to sue the homeowner or another party responsible for your damages. Your attorney will represent you at trial if that’s your decision.
Losses Your Lawyer Will Seek Compensation for After a Slip and Fall
Fractures are among the many injuries associated with slip and fall accidents, as are brain injuries. Such injuries can cause significant and long-term damages, including:
Healthcare Expenses
Those who slip and fall often need:
- Ambulance transport
- Emergency medical services
- X-rays, CT scans, and other diagnostic images
- Hospitalization
- Surgery
- Medications
- Rehabilitation
- A host of other medical services and items
Medical bills are often costly and may be far more than you can afford. Even if you can afford them, you should never have to pay for medical services caused by a negligent homeowner.
Pain and Suffering
Slip and fall accidents, as well as resulting injuries, can cause pain and suffering that includes:
- Immediate physical pain
- Chronic pain
- Post-traumatic stress disorder
- Depression
- Sleep problems
- Lost quality of life
If you have scarring or other types of disfigurement, that can count as pain and suffering, too. Attorneys know how to calculate pain and suffering despite these kinds of damages not having an obvious financial value.
Professional Damages
If your slip and fall accident interferes with your work in any way, your lawyer will calculate the cost of your professional damages. These damages may include:
- Lost income
- Diminished earning power
- Lost opportunities to earn bonuses
- Lost chances for overtime pay
- Inability to earn promotions
- Lost benefits
Falls are the leading cause of injury among certain demographics, and fall-related injuries can be fatal. If you lost a loved one in a fatal slip and fall accident, an attorney will evaluate the harm you’ve suffered (which is undoubtedly severe) and seek fair compensation for you.
Don’t Wait to Hire Your Homeowners Slip and Fall Claim Lawyer
Hiring a slip and fall lawyer should be a high priority. Some reasons to hire a slip and fall claim lawyer as soon as possible include:
- The need to report your injuries to the insurance company as soon as possible
- The need to document the scene of the slip and fall accident, if possible
- The need to gather relevant evidence while it is available
- The need to protect you from bad-faith tactics
- The filing deadline that typically comes with filing lawsuits
When you hire a personal injury lawyer, your case is in their hands. They will protect you and move your case forward as efficiently as possible. Find a law firm with impressive results and stellar client reviews and allow them to take over your slip and fall accident claim today.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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