Your slip and fall injury claim should result in fair compensation. Avoid these common mistakes when negotiating a slip and fall settlement.

Insurance companies are not eager to pay money to settle slip and fall claims. They’ll look for any excuse to deny or minimize claims to protect the company’s bottom line.

If you’ve fully recovered from minor injuries and decided to negotiate your own slip and fall claim, get ready. You want to avoid costly mistakes during negotiations. Let’s get you tuned in on the biggest mistakes to avoid when working with a claims adjuster.

Mistake #1 – Speaking Without Thinking

With an eye toward reducing payouts, insurers will pick apart everything you say to find a reason for denying your claim. This scrutiny means you have to pay attention to what you say at all times.

Never speak irrationally or out of anger or frustration. The insurance adjuster might say things that upset you, but keep your composure when speaking.

Stopping to think before you speak is the best way to avoid traps. A common error is to tell an adjuster you’re “fine” when asked how you’re feeling. The adjuster will interpret “feeling fine” to mean that you’re exaggerating your slip and fall injuries.

Be very careful if you’re asked to give a recorded statement. If you already gave a statement, avoid agreeing to questions from the adjuster that might contradict your previous statement. Slip and fall attorneys do not recommend giving a recorded statement without legal representation.

If an adjuster asks you a question, take a moment to understand the question. If you are uncertain, ask them to repeat the question in another way. When you answer, keep it short and simple. Don’t over-inform or offer opinions. It’s best to say less.

It’s also okay to say, “I don’t know” or, “I’ll have to check my records and get back to you.”

Mistake #2 – Admitting Fault

Insurance companies want you to say that you were partially or fully responsible for your slip and fall accident. Admitting fault means that their client is off the hook for your injury.

In states with contributory or comparative negligence laws, partial fault for an accident can result in a drastically reduced settlement amount or no settlement at all.

It’s critical in speaking with an adjuster that you avoid any hints or speculations that you helped cause your injuries.

Avoid saying things like:

• “I wasn’t looking where I was going”
• “I guess the bottoms of my shoes were pretty worn”
• “I’m such a klutz these days”

Don’t give in to an adjuster who tries to bait you into saying something that suggests you caused your injuries.

Mistake #3 – Discussing Pre-Existing Injuries

A pre-existing injury is an injury or condition that you had before your slip and fall that involves the same part of your body that you injured in the accident.

Sometimes the slip and fall victim isn’t aware of a pre-existing condition until they get medical attention after the accident. Someone with a slip and fall back injury may learn they have pre-existing degenerative disc disease after an MRI.

Don’t deny a known pre-existing condition, but don’t volunteer unnecessary information.

If an injured victim mentions a pre-existing injury, an adjuster will likely use that information to say that the victim’s latest injury was just an exacerbation of the first one. The adjuster will use that information to justify a reduced settlement offer.

If you had a pre-existing injury from an old car accident or sports injury, discuss it with your doctor and learn how that injury and your slip and fall injury are related. Have your doctor write down this discussion and then provide a copy to the insurance company.

Common slip and fall injuries with a pre-existing condition include:

• Injured knees
• Sprained wrists
• Back injuries
• Neck twists and strains
• Hip injuries

Mistake #4 – Undervaluing a Claim

When negotiating with an insurer, injured persons should have a good idea of how much their slip and fall claim is worth.

Adjusters want to pay you less than what your claim is worth. They typically start out with a lowball settlement offer. Don’t get insulted, but don’t get pushed into settling for an amount way less than what you believe you’re entitled to.

Gather evidence of your slip and fall damages before calculating your claim value. Ensure all of your damages add up to the amount you want in compensation.

What to include in your personal injury claim:

• Medical treatment costs
• Future medical expenses
• Lost wages
• Out-of-pocket expenses
• Certain non-economic damages, like pain and suffering

If an adjuster continues to downplay the severity of your injuries and your demand for compensation, calmly explain your position with your medical records and real dollar values.

If you’re missing a wage loss statement or certain medical bills to support your claim, gather the appropriate documents before your next round of negotiations.

Mistake #5 – Overvaluing a Claim

Avoid the tendency to overestimate your claim’s value. Injured victims are entitled to compensation, but they have to make sure their payment request is reasonable. While it’s embarrassing to slip and land on the floor in public, you won’t get far demanding a million dollars if you only had a few bumps and bruises.

Over-inflated figures hurt a claimant’s credibility. They can also lead to outright claim denial.

Insurance companies should make injury victims whole. “Whole” means you’re put in the same or similar position that you were in before your accident and injuries. Insurers are under no obligation to help injured victims profit from their accidents.

Mistake #6 – Trusting the Adjuster

Insurance adjusters get paid to make sure their insurance companies stay in business and make money. With adjusters bent on supporting their employer, they won’t be working with your best interests in mind.

Don’t be persuaded into thinking your adjuster is looking out for you. They have a lot of tactics and tricks they can use to get you to compromise your position.

Watch out for promises or guarantees. No matter how “nice” or sympathetic an adjuster acts, they are not your friend. Be polite and professional, but stay on your guard at all times. Focus on the meaning behind words and questions.

Avoid growing comfortable while communicating with an insurer. Being too relaxed makes it easier for the adjuster to get you to say things they can use against you.

Never discuss family matters or financial pressures. If the adjuster thinks you’re desperate for money, they will wait it out rather than offer more to move negotiations along.

Mistake #7 – Exaggerating Damages

While you can’t trust an adjuster, you want them to believe in you. Injured victims only gain when an insurance company believes in their side of the story.

Never lie to an insurance company. Lying can result in a claimant losing credibility and hurting their chance for a reasonable settlement. Adjusters will offer more to settle if they know the injured person would be a credible witness in court.

Resist the temptation to exaggerate injuries or alter information to make your claim look more favorable. Exaggeration is almost as bad as outright lying. It results in a loss of credibility and increases the possibility of a low settlement.

Accident victims must present or describe their injuries truthfully. You can gather facts from medical records or incident reports to show an adjuster the true extent of your injuries.

Mistake #8 – Missing Evidence of an Unsafe Condition

The burden is on you to provide the evidence necessary to prove that a property owner caused your slip and fall accident.

A property owner or manager is not obligated to keep visitors safe from all dangers. But they do have to prevent harm caused by conditions that are likely to be dangerous.

Slip and falls victims must show:

• The property owner knew or should’ve known of an unsafe condition
• The owner failed to fix it

People injured in a slip and fall sometimes say the property owner is liable without providing any support. An adjuster will likely deny a claim like this.

Accident victims must do some leg work and find evidence to show that an owner was aware of a dangerous condition and chose not to correct it.

Evidence that helps show fault includes:

• Surveillance videos
• Incident reports
• Pictures of the accident scene
• Witness statements

Common dangerous conditions include:

• Broken decks, stairways, or handrails
• Damaged, unlighted, or icy sidewalks and parking lots
• Cluttered common areas or tripping hazards
• Fire alarms that are either broken or without batteries
• Wet and slippery floors

Mistake #9 – Missing Evidence of Injuries or Losses

Even if you can prove that a property owner owed you a duty of care and that you fell because of an unsafe condition, you still need to prove the extent of your damages to succeed with a claim.

Evidence of your injuries can include:

• Pictures and videos of your injuries
• Medical records
• Broken or damaged footwear
• Bloody or ripped clothing
• Damaged jewelry or eyeglasses

Get medical records from every medical professional and entity that provided care. Request copies of documents from doctors, emergency rooms, ambulance services, and therapy providers.

After you get evidence showing your injuries, you’ll need to go one step further and show how those injuries caused real-time losses. These are known as damages.

Slip and fall economic damages include:

• Medical costs
• Future medical expenses
• Lost wages

Economic damages have a stated dollar value.

Most slip and fall cases also involve non-economic damages. These damages are often challenging to prove as their value isn’t already determined.

Common non-economic damages include:

• Pain and suffering
• Loss of consortium
• Loss of enjoyment of life
• Disability or disfigurement
• Physical impairment

Showing how your injuries impact your life will serve as good evidence for these losses.

An injury journal is a great way to show impact. Accident victims can write down how they’re feeling physically and emotionally, their physical limitations, and any activities or events they missed out on due to their injuries.

Mistake #10 – Failing to Consult an Attorney

Slip and fall victims who have recovered from minor injuries can usually negotiate with insurance adjusters on their own. The claimant has the right to seek legal advice from a slip and fall injury attorney at any point in the negotiation process.

Serious or Complicated Injury Claims

Injury victims should contact a slip and fall lawyer if their case involves a serious injury, a complicated set of facts, or a significant amount of losses.

Serious injury claims are often complex and may involve sticky legal issues, such as comparative negligence and causation issues. Insurance companies routinely offer lower settlements to claimants without legal representation.

Serious types of slip and fall injuries can include:

• Traumatic brain injuries
• Concussions
• Herniated Discs
• Spinal Fractures
• Hip Fractures
• Rotator Cuff Tears
• Knee injuries

Personal injury attorneys can use the discovery phase of litigation to get important evidence you can’t easily get on your own, such as a store’s surveillance camera footage, incident reports, and expert witness testimony.

Attorneys can help claimants with:

• Obtaining medical records
• Gathering evidence you can’t get on your own
• Contacting witnesses
• Identifying and calculating losses
• Negotiating with the claims adjuster

No Money Upfront

Reputable injury law firms offer free consultations to slip and fall victims and their loved ones. These attorneys work on a contingency fee basis, meaning they don’t receive payment unless they settle your claim or win your personal injury lawsuit in court.

Hiring an experienced slip and fall attorney doesn’t mean you have to file a lawsuit. It’s amazing how fast some claims settle once an attorney gets involved. When a lawsuit is filed because the insurance company won’t offer a fair amount, chances are the case will settle before it goes to trial.

Avoid costly mistakes. Reach out to legal counsel today for a slip and fall case evaluation.