Slip & Fall Investigation Tricks
The most common insurance claims against residential, commercial and industrial property owners involve slip-and-fall accidents. A slip and fall falls under tort law, based on the premise that the property owner was potentially negligent. Investigation of slip-and-fall accidents occurs after the filing of an insurance claim. Investigating a slip-and-fall accident can help determine the level of fault. Of course, fraudulent slip-and-fall accident claims can also take place.
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Documentation
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Take photographs of the scene from every angle. Document everything that happens at the time of the accident. Seek medical help for the victim of the slip and fall. If possible, speak with the injured party and write down everything he says. Take note of any injuries.
Take photographs of the area where the accident happened. Make note of the time of day and the conditions. Note whether the surface was slippery or had any obstructions. Document the lighting conditions, and note whether the surface was level. If the accident happened after dark, check whether the area had sufficient lighting.
Obtain the names and contact information of any witnesses. Take a statement from each of them. If emergency personnel attend at the scene, take note of their names and badge numbers.
Preparing For A Legal Defense
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Take clear handwritten notes on everything you did during this time. Slip-and-fall cases may take months or even years if they proceed to court action. Remembering details will prove difficult.
Contact your insurance company immediately so it can conduct its own investigation. Though your insurance company likely retains lawyers, you may wish to contact your own attorney. Your lawyer will put together a case to prove you were not negligent, or that the injured party was partially responsible for the accident. For instance, if a bar patron is inebriated and slips and falls on a sidewalk in front of a bar, he may be at least partially at fault.
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Fraudulent Claims
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An individual can claim to slip and fall in an area without witnesses. These claims are difficult to prove or refute. For example, a delivery person may claim to have fallen on a broken piece of cement when the business is closed. Speak with people in neighboring buildings. Someone may have witnessed the accident but didn't come forward. Photograph the area where the accident allegedly occurred at the time of day the other party claims it happened.
Professional Investigations
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Insurance companies use private investigators to obtain evidence of a fraudulent claim. Occasionally, the insurance company may have reason to believe that the claim is fraudulent, or the individual was not as injured as claimed. In this event, the company will hire a private investigator to conduct surveillance. The individual's activities will be documented through video and the investigator's observations to determine whether her claim of pain and suffering is legitimate. The investigation will also access doctor records.
Workplace slip-and-fall accidents are investigated by worker's compensation investigators.
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References
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