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Am I Suing the Business or its Insurance Company?

  • By: Jeffrey Shaw, Esq.
  • Published: September 19, 2019

Am I Suing the Business or its Insurance Company?

Almost every single time, it’s the insurance company.

Some injured people worry that suing a business or person could hurt it financially after a slip and fall.

Attorney Jeff JJ Shaw has heard a lot of different questions in his 30+ years of experience from clients who are worried that “suing” a business is immoral or just wrong. Being injured on another person’s property is a confusing life event. You must deal with medical bills, other expenses tied to the accident and lost wages. This is in addition to the physical discomfort and pain. You might not know who is responsible, if anyone.

But, Shaw comforts client fears by reminding them that almost every business and property owner has property insurance — just like you do when you drive a car or own a home. And that insurance policy was purchased and designed for exactly the type of event that caused your injury or forced you to miss time from work.

At Shaw Law Offices, we’ll handle the insurance company for you. We’ll work to get you back on your feet again.

You are likely curious about who is responsible for paying the cost for your damages and medical care. The most common route to pursue in Indiana after a slip and fall injury claim on someone else’s property is filing a legal claim with the property owner’s insurance policy. Shaw Law Offices will notify the insurer, acquire all medical bills and records, and make a demand for settlement once the injuries have healed.

In the meantime, the property owner and its insurance company have NO obligation to pay ANYTHING until a settlement is reached or a verdict is rendered. This is due to the idea of “negligence” and “fault” under Indiana law. An injured person has no “right” to any payments before a settlement is reached or a judgment is issued in her favor. (There are some exceptions for “Medical Payments” which some businesses do have, but it is usually for a small amount and does not take the place of a settlement, but rather just adds a little payment for medical expenses regardless of fault).T

The most common type of third-party claim filed against business or homeowner’s insurance policies is for slip and fall accidents. There are numerous different ways that you could fall and be injured on another person’s property and other ways that you could get hurt as well.

If you are hurt on someone else’s property, you need to treat the accident as you would any other type of personal injury incident. You should get medical care as soon as possible to document your injury and to outline a course of treatment.

The best thing to do is to call or text Shaw Law Offices at (877) 225-5742.

We will contact the insurance company to report the accident and file a claim. If we don’t hear back from a claims adjuster within a few days, we will file a lawsuit on your behalf.

We do not allow businesses to ignore your claim. You should be aware that insurance adjusters often ask for a statement from you, before you call an attorney. Remember, the adjusters and insurance company representatives do not have your best interests in mind. The primary purpose of the insurance adjuster is to investigate the accident to verify whether or not liability exists that would be covered under the policy. He might attempt to get you to say “you didn’t see what you fell upon” or that you are “not sure what you fell upon.” These comments can be used later in court in an attempt to convince a jury or Judge that you do not deserve compensation for your injury. Anything you say to the insurance adjuster could be used to devalue your claim.

You will never be able to convince an insurance adjuster or claims investigator that you deserve compensation for a slip and fall injury on business property. They are paid to diminish or deny your claim.

Before you agree to speak to any insurance adjuster or investigator, have Shaw Law Offices on your side. We will sit with you through any claims interview and prepare you for the most common anticipated questions.

An experienced Indiana personal injury lawyer like Attorney Jeff JJ Shaw has over 30+ years of experience in handling in representing slip and fall cases like ours. The insurance company has many different professionals protecting their bottom line and interests and you deserve to have the same. Hiring an experienced attorney is helpful for moving forward with your case and giving you a better overview of what to expect.

Don’t wait to get help from a lawyer. Make sure you retain someone who has been practicing in this field for a long period of time and one who is dedicated to your best interests. Attorney Jeff JJ Shaw has the experience to help you fight.

Jeffrey Shaw, Esq.

Attorney Shaw has never lost a single jury trial for any premises
liability matter. In fact, Attorney Shaw has only a total of 3 jury
trial losses in the last 30+ years of jury trials...Read More

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