If you slipped and fell on someone else’s property, you were probably embarrassed when the fall happened, and you may have even blamed yourself. But business and property owners have a legal duty to keep premises safe, and if they don’t uphold that obligation, it’s important to remember that it’s not your fault. Instead of navigating this process alone, trust our experienced Des Moines slip and fall lawyer to help.
Slip and Fall Claim Denied? What Can You Do
Insurance companies are notorious for trying to pay out as little as possible on claims – even finding loopholes to deny legitimate claims. It can be demoralizing to have your claim denied, but don't stop fighting.
Why Insurance Might Deny a Slip and Fall Claim
- You didn't have enough evidence of injuries, or your injuries were pre-existing.
- You didn't prove the property owner's negligence caused your fall.
- Your fall was related to a "policy exclusion" like a power outage or weather.
- You didn't seek medical attention quickly enough.
- You didn't try to avoid injury.
- You were using your phone or otherwise distracted at the time of the fall.
- The property owner's insurance wasn't in effect at the time of your fall.
The insurance company will tell you why your claim is denied and how to appeal your denied claim. Carefully read over the insurer's explanation. If you think you have a claim, gather the needed evidence, contact our Des Moines slip and fall lawyer so we can file an appeal on your behalf. Your denial letter should explain the appeal process. It's important to note that insurance companies will have a deadline to appeal.
Slip and Fall Statute of Limitations in Des Moines
If you were injured in a slip and fall in Des Moines, you should be aware of an important statute of limitations deadline. Under Iowa law, you have two years from the date of your incident to file a civil suit if you're seeking compensation for slip & fall injuries.
There are some exceptions to that limit, like a shorter time for filing a suit for a slip and fall on government property or a longer time if the suit involves a minor, but the two-year rule holds true in most cases.
The statute of limitations means that you have two years to file a complaint in court. It does not mean you have two years to contact our slip & fall attorney to start the process. Instead, you want to contact our lawyer as soon as possible after a fall.
Slip and fall cases can be complex and involve extensive evidence. The sooner you contact our slip and fall lawyer in Des Moines, the better chance you have at a successful claim.
Why It’s Important to Hire an Experienced Des Moines Slip and Fall Lawyer
- It's easier to get evidence like security footage or find witnesses.
- You won't miss deadlines for filing.
- It makes your claim seem more believable to the insurance company.
- The sooner you start your case, the sooner you'll have a resolution and start the road to recovery.
- Since the details are fresh in your mind, there's less chance you'll make a mistake recounting the story.
If you need representation for a slip and fall in Des Moines, Hupy and Abraham is your answer. We provide the aggressive representation a case like this requires, and insurance companies know our name. They know that we mean business and won't stop fighting until we get justice for our clients, making them more likely to offer a fair settlement.
How Can a Des Moines Slip & Fall Attorney Help?
In the stressful days after a fall, you might be worried about what medical bills are coming, and you might not know what your next step should be. Fortunately, help is available. An experienced Des Moines slip and fall attorney can help in the following ways:
- Negotiate with insurance companies. Insurance companies are notorious for trying to settle quickly and pay as little as possible. Oftentimes, they attempt to do this before the injured person really knows the extent of their injuries. If you deal with them directly, you may end up settling for compensation that’s less than fair. But if you have someone on your side that knows the law, your chances of getting a fair settlement increase dramatically.
- Compile evidence. You can be assured the business owner and their insurance company will do their homework and compile “evidence” that the accident wasn’t their fault. They may try to argue you were in a restricted area, that you were on your phone and not paying attention, or that you ignored plainly marked warning signs. And since they have all the access to cameras, it would be hard to argue with them by yourself. But an experienced slip and fall lawyer could use that same evidence to prove the accident wasn’t your fault.
- Value damages. Your medical bills may be the first thing on your mind, but your damages in a fall can go far beyond that. You may lose wages at work, face a decline in quality of life because of the injury, have damaged personal property, and encounter mental trauma from the whole thing. Our Des Moines slip and fall lawyer has dealt with tons of these types of cases before and knows what compensation you may be entitled to and can help fight for you.
- Process your case in the appropriate legal timeline. In Iowa, the statute of limitations to file a slip and fall case is two years from the date of the incident. If you file your case after that deadline, the court won’t even hear it. That’s why it’s important to have a lawyer who knows deadlines handling your case.
- Remove stress from your life. The last thing you need when you’re dealing with an injury and worrying about money is the stress of a complex legal process. When you trust our slip and fall attorney in Des Moines with your case, you can relax in the confidence of knowing your case will be handled as it should be.
What a Des Moines Slip and Fall Lawyer Must Prove
When finding fault in a slip and fall case, four things must be proven in the state of Iowa for the injured party to potentially receive compensation. Like most any lawsuit, the four factors are intricately linked, and you must show a thread of causation that runs through them all.
First, you will need to show that the owner of the property, whether public or private, had a “duty of care.” Essentially, that means you had a valid reason to be on their property. If you’re on their property legally, they have an obligation to provide a safe environment.
Second, you will need to show the property owner breached their duty of care. This can be either failing to conduct maintenance or not addressing a hazard in a timely manner.
Third, you’ll need to show that the property owner’s neglect was the direct cause of your fall. As stated earlier, the property owner may try to pin blame here on the injured party, saying their negligence caused the fall.
Lastly, you’ll need to prove that you were injured as a result of the fall. This may involve a medical examination and an investigation into any previously existing injuries. Remember that injuries don’t have to be physical.
If any one of these factors cannot be proven, your case may be unsuccessful. That’s why it’s so important to have a skilled Des Moines slip and fall accident lawyer in your corner, someone who knows how to craft your case.
How to Find the Best Slip and Fall Lawyer in Des Moines
Tracking down the best slip and fall lawyer in Des Moines is important if you want to get the most compensation for your injuries. You need to do your due diligence and vet perspective attorneys to find out which one is right for you. One of the most important things you can do is read online reviews from previous clients. Making sure past clients were treated and represented fairly is extremely important.
You should also look at case results to see how effective the personal injury law firm you plan on hiring is. If they don't have great results, it may be best to steer clear of that firm.
One other important tactic you can employ is checking with family members and friends to see if they have recommendations. Obviously every client and every case is different, but if the people you know and trust had good experiences, it's usually a good place to start.
How Much Are Attorney Fees for a Slip and Fall Case
The majority of attorneys who handle slip and fall cases work on a contingency basis. The only legal fees they receive are taken from the compensation awarded to the injured person. If a case doesn't reach a successful resolution for the client, the lawyer doesn't get paid.
The specific amount depends on the case, but it's a set percentage that both parties agree on at the start. The fee is usually based on how much time a lawyer expects to spend working. If a case involves extensive research, a lawyer may ask for a higher percentage than a case that doesn't require a lot of investigation.
Working with our Des Moines slip and fall lawyer that works off a contingency fee has several advantages.
Why a Contingency Fee is Best for These Types of Cases
- The lawyer is willing to fight harder for you since their compensation is on the line too.
- There's no financial risk to you, so you can pursue compensation regardless of how much money you have.
- An attorney will only take on your case if they feel like you have a good chance of winning.
You may be concerned about paying your lawyer a percentage of your recovery. However, hiring a slip and fall attorney is usually financially beneficial. Our experienced slip and fall accident attorney not only gives you a better chance of winning the case, their knowledge may increase your potential compensation.
At Hupy and Abraham, we keep you informed every step of the way – starting with the initial consultation. Before you choose to hire us, we make sure we're clear about our contingency fee, so you know what to expect. We believe that everyone deserves fair legal representation, which is why we offer a "Win or It's Free Guarantee." If we don't win your Des Moines slip and fall case, you don't pay us a cent.
Why You Should Hire Hupy & Abraham for Your Slip and Fall Lawsuit in Des Moines
If the notion of suing someone because their negligence caused you an injury seems overwhelming, remember you don’t have to do it alone. At Hupy and Abraham, we have Des Moines slip and fall attorneys with the experience a case like this needs. Insurance companies know us, and they know we mean business, which makes them much more likely to offer a fair settlement from the start.
If you’re ready to speak to us about your case, call us at 1-800-800-5678 or use our online contact form to have one of our attorneys get in touch with you.