When someone slips and falls in Pennsylvania, things can change fast. A moment ago you were walking just fine. Then, maybe you hit a wet floor or tripped on something loose. Suddenly you’re hurt, confused, and maybe scared. One of the first questions that comes up after you get hurt is who will pay for your medical bills, missed work, and pain. That’s when insurance companies come into the picture. They usually handle these kinds of claims for stores, businesses, or property owners. But their goal is not to help you. Their goal is to pay as little as possible. Knowing what to expect can help you protect yourself.
Why Insurance Gets Involved
In most slip and fall cases, the property where you got hurt is covered by insurance. This might be a store, a restaurant, or someone’s home. These places often have what’s called liability insurance. This kind of insurance pays for injuries if someone gets hurt because the property was not safe. So when you report a slip and fall, the insurance company takes over. They don’t work for you. They work for the property owner. Their job is to protect that person or business and keep costs low.
The First Call Can Be Tricky
After a fall, someone from the insurance company may call you. They may seem friendly and ask how you’re feeling. But be careful. Everything you say could be used later to try to reduce or deny your claim. They might ask you to give a recorded statement. It’s best not to do that without help. They may try to get you to say the fall was your fault or that you’re not really hurt. Even saying something simple like “I’m okay” can be used against you.
“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!- Miguel Lopez
Looking Into What Happened
The insurance company will start looking into your fall. This is called an investigation. They’ll want to know where you were, what happened, and if there were any warning signs. They might check for cameras or talk to workers or other people who were nearby. They will try to find any way to say the property owner didn’t do anything wrong. If they can make it look like it was your fault, they might try to avoid paying.
Blaming the Victim
One way insurance companies handle Pennsylvania slip and fall claims is by using something called comparative negligence. That means they try to say you were partly to blame for your own fall. In Pennsylvania, if they can prove you were more than 50% at fault, you can’t recover anything. Even if they say you were just a little bit at fault, it reduces how much you get. For example, if your claim is worth $10,000 and they say you were 30% at fault, you only get $7,000. That’s why they work hard to shift blame your way.
Putting off an Attorney due to Cost Choosing a Personal Injury AttorneyRelated Videos
Low Offers and Delays
Many people are surprised when the insurance company offers them way less than they expected. Sometimes they offer money right away, hoping you’ll take it before you know how bad your injury really is. That’s a big mistake. Once you accept, you can’t ask for more later. Other times, they delay the process and make it hard to move forward. They may take a long time to return calls or ask for more paperwork over and over. This can be frustrating, especially when you need help paying bills.
Medical Records and Privacy
To figure out how much your claim is worth, the insurance company will ask for your medical records. They want to see proof that you’re hurt and that the fall caused those injuries. Be careful here too. Sometimes they ask for too much information, even from years before the fall. They look for anything that can be used to say your injury is old or not serious. You don’t have to give them everything they ask for. It’s important to only share what’s needed.
What Damages They Look At
In a slip and fall claim, you can ask for payment for more than just your medical bills. You might also ask for lost wages if you missed work. You can ask for pain and suffering, which covers how the injury has affected your life. If you need physical therapy or future treatment, those costs can be part of the claim too. But the insurance company will try to reduce each part. They may say you could’ve gone back to work sooner or that you didn’t need certain treatments. Every dollar they don’t pay is money they save.
Verdicts & Settlements
Fighting Back Without Going to Court
Many slip and fall cases are settled without ever going to court. The insurance company will make offers, and you can try to negotiate. But they won’t make it easy. They know most people don’t deal with these claims often. That’s why it helps to have someone on your side who knows how they work. A strong claim, with clear proof of what happened and how it affected you, gives you more power to push back.
When Claims Are Denied
Sometimes the insurance company just says no. They may deny your claim and say it wasn’t their fault or that you weren’t really hurt. This can be upsetting. But a denied claim is not the end. You still have rights. You can challenge their decision. With the right support and the right evidence, many denied claims are later paid.
Knowing What the Law Says
Pennsylvania law says property owners have to keep their places safe. That means cleaning up spills, fixing broken steps, and putting out warning signs. If they knew about a danger and didn’t fix it, or should have known about it, they can be held responsible. But proving that can be hard. The insurance company knows the law, and they will look for any chance to say the owner did nothing wrong. That’s why it’s so important to act fast, gather facts, and protect your rights.
How Time Affects Your Claim
In Pennsylvania, you usually have two years from the date of the fall to make a legal claim. That might seem like a long time, but waiting can hurt your case. Memories fade. Evidence disappears. It’s best to act early, get medical help right away, and keep good records of everything. The insurance company is working from the start. You should be too.
What You Can Do Right Away
If you slip and fall, there are a few steps that help your claim. Try to take pictures of where you fell. Report the fall to the business or property owner. Get the names of any witnesses. See a doctor, even if you think you’ll be fine. Keep records of everything—doctor visits, time off work, and how you feel day to day. The more information you have, the harder it will be for the insurance company to say no.
You Don’t Have to Face This Alone
Getting hurt in a slip and fall is scary enough. Fighting with an insurance company after that can feel overwhelming. They count on you being tired, confused, or desperate for help. But you don’t have to go through it by yourself. You have the right to get help from someone who knows how these claims are handled and who can stand up for you every step of the way.
If you or someone you love has been hurt in a slip and fall in Pennsylvania, now is the time to act. You may be facing hospital visits, missed paychecks, or long-term pain. But you have rights, and you deserve to be treated fairly. Let McDonald At Law help you hold the insurance company accountable and get the recovery you need. Contact us today to talk about your case and find out what steps to take next.
To learn more about this subject click here: Understanding Slip and Fall Laws in Pennsylvania A Comprehensive Guide
 
 |
 |