In my personal injury practice it seems that insurance adjusters, more so than in other claims, always try to pin fault on the person bringing the slip and fall claim. The adjuster will argue that you should have seen the oil spill, loose stair, ice and snow, whatever, and that you should have exercised more caution. The adjuster in these claims will almost always argue that you were partly at fault for the accident. This is when the importance of photographs becomes crucial, as does the police report (assuming the police report is in your favor).
If you are able to present one or both of these two evidentiary materials to the adjuster, you can probably argue that the slip and fall was not your fault, or at least argue that you do not have as much fault as the adjuster claims.
Be aware that Massachusetts slip and fall cases are hard to prevail upon. I heard somewhere that only about 20% of slip and fall claims are successful. If you have been injured in a Massachusetts slip and fall accident, you must be ready, or your attorney must be ready if you have hired one, to prove to a dubious insurance adjuster that your claim has merit, and that you were not at fault for the accident.
Thanks for the information. I've been learning a lot here. I wish someone like these services is present in my home country.
Posted by: Birmingham Personal Injury Lawyers | October 11, 2011 at 09:58 PM
It is really hard to determine who is at fault in such accidents. Good thing that we have lawyers like you to defend the injured.
Posted by: Phoenix Car Accident Blog | October 12, 2011 at 10:48 PM