How Injury Documentation Affects Your Insurance Settlement
Injury is probably the furthest thing from your mind when you are out exploring your city or visiting another one. Unfortunately, injuries in public places are far more common than you may think. If it can happen to so many people, it can also happen to you.
If you are injured in a public place, it is crucial to document the incident. Documenting does not mean writing down what happened a week later. It means noting everything related to the incident that caused you harm as soon as possible.
If you keep records of injuries sustained in a public place, you increase your chances of getting an insurance settlement.
Why Proper Documentation Matters
When unexpectedly injured in a public place, everything can quickly become overwhelming. You will have to receive medical attention and follow your doctor’s instructions on how to recover. The last thing you are going to think about is documentation.
However, if you want to file a successful insurance claim, complete injury documentation is necessary. The more details you add to these records, the easier it is for the insurance company to assess what happened and offer a fair settlement.
If you do not document your injury properly, the insurance company may deny your claim outright. You may even be offered a far lower settlement. Remember, insurance companies are businesses first. As much as they claim to be on the side of their customers, they are always going to look for ways to minimize payouts.
If you cannot produce the right evidence in the form of injury documentation, it becomes a situation where it is your word against theirs. Most likely, this situation will leave you at a huge disadvantage.
Evidence and Proving Liability
Liability is one of the main components of an insurance settlement offer. This means you must prove the other party was negligent and liable for your injuries. If you were injured in a public place, you would have to provide proof that the property owner or the business itself was negligent.
For example, if you visit an electronics store on Black Friday, you may not notice the wet floor because the roof is leaking in one spot. If you slip, fall, and injure yourself, you must prove that the store did not take reasonable steps to fix the leak or warn customers about the wet floor.
This is where documentation becomes vital. Proper documentation of your slip and fall proves that the accident happened in the first place. It also shows that you sustained an injury due to the accident.
Moreover, the documentation shows that the conditions under which your injury happened could have been prevented but were not (due to negligence).
This means that you slipped and fell because the roof leak was not fixed, and there was no warning sign about the wet floor. In most cases, you would need to prove that the business was aware of the problem but did nothing to remedy it.
What to Document After Sustaining an Injury
If you want to build a strong case for your insurance claim, you need several types of documentation.
Firstly, you need photos and videos of the site where you fell. Get images of the wet floor and the leaking roof. Take a video of the immediate surrounding area to show that no warning sign has been displayed. You want to get multiple angles, even if it seems like overkill.
You should also get witness statements. Ask bystanders if they saw you fall and get their version of events. If theirs match yours, you can add a lot of credibility to your claim.
Remember to ask for contact information and permission to share their statements with the insurance company.
Furthermore, you should also complete an accident report if the public space has such a procedure. Filing an official accident report creates a formal record of the accident that caused your injury. You need a copy of this report for your records and the insurance company.
You will also need copies of your medical records after receiving medical care for your injuries. These records can help you link your injuries to the slip and fall accident. If you do not provide medical evidence, it will be difficult to prove how a slip and fall incident led to your injuries.
This is why you should get medical treatment immediately after the incident. Ask for and keep copies of all doctors’ and hospital bills. Get copies of X-rays and prescriptions. The first prize is an additional note from your doctor explaining the injury, what caused it, and how long it will take you to recover.
You can also keep a personal injury journal. This is a written or online diary where you make notes of your injury and the recovery process. Doing this helps create a picture of how the accident has affected your life.
Keeping a journal means writing down daily updates on the disruptions to your routine, pain levels, and emotional struggles. This is meant to show the insurance company how the injury has impacted your quality of life. It can also help support claims for non-economic damages, such as pain and suffering.
How Documentation Affects Your Settlement
Proper documentation can help you prove negligence on the part of the defendant. It can also support your claims about the extent of your injuries. Moreover, complete documentation can help speed up the claims process. If you give the insurer all the evidence upfront, you will have fewer questions to deal with.
You may also get a higher settlement offer and avoid a first-time claim denial.
Documentation Is All About Compiling the Right Evidence
By gathering the right evidence, you increase your chances of receiving a fair settlement. Still, this is not always as easy as it may seem. It is important to speak to a personal injury lawyer if you need help compiling the evidence necessary for filing a legal case.
Your lawyer can also negotiate with the insurance company to ensure they do not try to minimize your payout. Being proactive about documenting an injury and getting legal help is the way to get compensation after an injury in a public place.
