Visitor Question

Slip and Fall Insurance Settlement Question…

Submitted By: Sabrina (Baltimore, Maryland)

I had a slip and fall last Saturday on a commercial property. The issue here is if I proceed on my own without a lawyer. I’ve pitched it to a few and they want it. But something that concerns me is that I was rear ended 6 months ago and suffered some injuries.

How does this affect me? Do I wait and let the insurance company ask me or do I just tell them about it? How can I navigate this claim successfully on my own?

I’m in treatment now and I was taken by ambulance the night of the accident. Thank you

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 Sabrina,

The fact that you had a previous injury should be revealed in your medical records meaning that the doctor should ask you about previous injuries.

The adjuster will likely discover this and may make an issue of whether the injuries suffered last Saturday are related to one injury or the other. However, what you should know is that the adjuster must take you as you come. In other words, even if you have had a previous injury, this should not impact liability of the commercial property owner in this case.

Additionally, x-rays and MRI’s can often distinguish between recent and older injuries by how they look on the films. Therefore, there should be a clear determination of what injuries are attributed to your most recent fall.

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: September 3, 2011

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