I slipped on fell in a restaurant due to water on the floor. This happened last Wednesday. I filled out an incident report and was told corporate was going to contact me.
How long should I wait? Is there anything else I should be doing while waiting? Thank you for any info you can give.
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.
It may take some time before you are contacted. If you are, it will probably be by the company’s insurance representative. Insurance company representatives are normally called “Claims Adjusters”.
If you are contacted the Adjuster will take your recorded statement. Doing so is standard procedure. She will ask you to explain what happened and you should recount the facts exactly as they occurred.
Do not embellish since doing so will catch up with you sooner or later. And more so because the Adjuster is an expert in detecting exaggeration and falsehoods.
The Adjuster has probably already taken statements from as many witnesses as she was able to locate, including, but not limited to the manager, employees, and even customers who may have witnessed your fall.
The Adjuster will also ask you about the extent of your injuries. The basis upon which all claims are paid is the degree of injury relative to the medical costs and out of pocket expenses incurred. This means without medical bills and related expenses such as prescribed and over the counter medications, your claim will not be compensable.
The restaurant and its insurance company will normally refuse to pay a person who claims injury if that person is not supported by medical, chiropractic, or other supporting evidence.
If they pay what are referred to as “nuisance” cases, they might develop a reputation for doing so which might encourage some people to feign injuries just to pick up a “quick buck”. This can amount to millions of dollars a year.
From the facts you present there is no indication of injury or supporting medical or chiropractic evidence. If you do have the supporting evidence your claim may be paid.
Learn more here: Premises Liability Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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