How Insurance Companies Handle Premises Liability Claims (and How Your Attorney Can Help)
Premises liability claims arise when someone is injured due to a hazardous condition on someone else’s property. These cases often involve slips and falls, trips and falls, or other similar incidents caused by unsafe conditions at businesses, private residences, or public spaces. While victims of these accidents have the right to pursue compensation, insurance companies frequently employ aggressive tactics to minimize or deny claims. Read on to learn about these common defense strategies and how an experienced personal injury attorney can counter them. For assistance with a premises liability claim in Texas, contact Turley Law Firm to visit with a skilled and experienced Dallas premises liability lawyer.
Blaming the Victim
One of the most common tactics used by insurance companies is shifting blame onto the injured party. They may argue that the victim was not paying attention, was wearing inappropriate footwear, ignored an obvious hazard, or otherwise contributed to their injuries. Texas follows a modified comparative negligence rule, meaning that if a victim is found to be 50% at fault, they cannot recover damages. Insurance companies exploit this law by exaggerating the victim’s level of responsibility.
A skilled premises liability attorney fights back by gathering and presenting strong evidence to counter these claims. Surveillance footage, witness statements, and expert testimony can demonstrate that the hazardous condition—not the victim’s actions—was the sole or primary cause of the injury. Additionally, attorneys ensure that insurance adjusters do not twist statements made by victims to create the appearance of fault.
Downplaying the Severity of Injuries
Insurance companies routinely argue that a victim’s injuries are not as severe as claimed. They may claim that the injuries are minor, pre-existing, or exaggerated. Some insurers even hire their own medical professionals to provide biased opinions that downplay the extent of the injuries.
An experienced attorney combats this by ensuring that the victim receives thorough medical evaluations from reputable doctors. Medical records, diagnostic tests, and expert medical testimony help substantiate the severity of the injury. Additionally, attorneys may collect statements from treating physicians who can explain how the injury impacts the victim’s daily life and ability to work, making it harder for insurance companies to minimize the damages.
Arguing the Injury Wasn’t Caused by the Accident
Another common defense is arguing that the injury was not caused by the accident in question but instead resulted from a pre-existing condition or a separate incident. This tactic is designed to create doubt about the legitimacy of the claim, allowing the insurance company to either reduce the payout or deny it altogether.
To counter this, a knowledgeable attorney gathers comprehensive medical records, prior health history, and expert opinions to establish a clear connection between the accident and the injury. If the victim had a pre-existing condition that was aggravated by the accident, an attorney can use medical documentation to prove how the incident worsened their health. By building a compelling case, attorneys can dismantle the insurance company’s argument and reinforce the validity of the claim.
Delaying the Claims Process
Insurance companies often use delay tactics to pressure victims into accepting lower settlements or giving up on their claims altogether. They may repeatedly request unnecessary documentation, fail to respond to inquiries, or prolong the investigation process under the guise of needing more time to evaluate the claim.
A dedicated premises liability attorney prevents these stall tactics from succeeding. By staying persistent and holding insurers accountable, an attorney can push for timely responses and file legal motions if necessary. Additionally, if an insurance company is acting in bad faith by intentionally delaying the claim without justification, an attorney can take legal action to demand fair treatment and, in some cases, pursue additional compensation for the delay, including punitive damages.
Offering a Quick, Lowball Settlement
Many insurance companies attempt to settle premises liability claims quickly by offering an initial lowball settlement. They count on victims being in a vulnerable financial state, hoping they will accept a fast payout without realizing the full extent of their damages. Unfortunately, once a victim accepts a settlement, they waive their right to pursue further compensation, even if their medical expenses turn out to be higher than expected.
A knowledgeable attorney helps clients avoid this trap by carefully evaluating any settlement offer and comparing it to the true cost of the victim’s medical bills, lost wages, pain and suffering, and future expenses. If the offer is inadequate, the attorney negotiates aggressively to secure a fair settlement. If the insurance company refuses to offer reasonable compensation, the attorney can take the case to court and fight for the victim’s rights in front of a judge and jury.
Why Legal Representation Matters
Premises liability claims are complex, and insurance companies have an arsenal of tactics designed to minimize payouts. Without legal representation, victims may struggle to navigate the process and risk being taken advantage of by insurers. An experienced personal injury attorney levels the playing field by handling negotiations, gathering crucial evidence, consulting with medical and accident experts, and, if necessary, taking the case to trial.
At Turley Law Firm, we understand the challenges injury victims face when dealing with insurance companies. Our experienced attorneys are committed to fighting for your rights and ensuring that you receive the full and fair compensation you deserve. If you or a loved one has been injured due to unsafe conditions on someone else’s property, contact us today for a free consultation. Let us handle the legal battle while you focus on healing.
