Visitor Question

Insurance Company Denying Liability…

Submitted By: Nilsa (Florida)

While at the Florida mall, I slipped and fall in a clear puddle of water in the middle of the floor. It caused me to fall on the floor and as a result I now have two herniated discs. The insurance company is denying liability due to the fact that I was near the food court.

How do I handle that response?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Nilsa,

You have two ways to deal with it. If the insurance company has denied liability you can make every effort to attempt to negotiate a settlement. Barring that you will have to consider filing a lawsuit.

You can either proceed by filing a Small Claims Lawsuit or by hiring a personal injury attorney.

In the State of Florida the maximum jurisdiction, or “limits” a person can sue for in Small Claims Court is $5,000.00 dollars.

You can’t really be successful in a personal injury claim if you haven’t incurred any medical bills. Medical bills are what insurance companies rely upon when deciding whether to pay a claim, and if so, in what amount.

See your physician. She may run some tests to determine if you have any injuries. She may decide to subject you to an MRI (Magnetic Resonance Imaging) examination, or a CAT Scan (Computer Axial Tomography).

If the examinations reveal fractures, torn ligaments, torn tendons or muscle you may have a meritorious claim.

Without medically documentable injuries you do not really have a claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 2, 2011

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