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Maryland Slip and Fall Claim Process

The process of a slip and fall cases is same as any other case; you collect as much evidence as you can by interviewing your client and locating any potential witnesses and then perform an exhaustive investigation to obtain as many facts as you can about what happened, what should have happened, and how that caused your client’s injuries.  Once that is done, you contact the insurance company to advise them that you’ve been retained by the client to pursue a claim on his/her behalf. You collect all the medical records, present a settlement demand package, and then you hope that they’ll make a realistic or fair offer to resolve the case. You try to negotiate to get the top dollar amount for your client and if that’s not possible, you file a lawsuit. Unfortunately, these cases are hard to prove in Maryland, so you do the best that you can and try to negotiate a settlement. If not, then you take it to trial if you think you have a strong enough case. In these cases, a lot of the times the defendant will try to move for summary judgment. They will say that it is more than likely that your client, the plaintiff, is more than one percent negligent because they weren’t paying attention, they weren’t doing something they were supposed to be doing, they ignored something, or they assumed the risk of encountering this condition because it was open and obvious in nature, so they should have seen it and avoided it.

What happens first in the process once the client comes to you?

After they come to the office, we do our investigation as to what caused them to fall or to be injured. Concurrently with that, we collect information about their medical treatment. We then have to compute the interest of liability and damages.

What happens throughout the claims process?

The claims process can be long and drawn out. We notify the insurance company that our client was involved in an accident at a certain premises, and then the insurance company will want to do their own investigation. We also do our investigation, so we will collect the documents such as any photos, reports, witness statements, or medical records. Once we get that and once the plaintiff has completed their initial course of treatment, we will prepare a settlement demand packet and send it to the insurance company. Not much happens from the plaintiff’s point of view except that they have to go back to the accident site, if they can’t remember how exactly it happened, to present as clear of a picture as possible to his/her attorney and they have to make sure they follow up with their medical treatment. That part is very important because if they don’t follow up with their medical treatment and document their injuries thoroughly, then they are unnecessarily limiting their amount of recovery.

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