Question: I fell at a store. Now the Insurance folk want my clothes. Why?

JASON: Stop. This may be a trick. Here is what you need to know.

Did your clothing—like a long skirt, slick boots, a big hat, or any other item—contribute to the accident? That’s what they are looking for. The reason? In Alabama, if you are even 1% at fault, you can’t collect anything for your injuries.

I have known challenges to claims for long hair, loose clothes, and even jewelry. One of the most common instances is clothing caught in machinery. This might shock you, but I heard of an insurance denial simply because the injured man had an untucked shirt.

To win a slip-and-fall case, I need to prove four things. Stay with me I’ll keep it simple.

• First: Did the business owner have a legal responsibility to prevent the accident? For example, provide a safe place for you to shop. This is called a duty of care.
• Second: Did that business owner not fulfill that responsibility? This is called breach of duty.
• Third: Are your injuries linked to that lack of fulfillment? This is called causation.
• Fourth: What are your injuries as a result of the accident? This is called damages.

Here are some ways you can strengthen your case:

• Seek Medical Attention: It is crucial to document your injuries. Ignoring treatment can seriously hurt your case. Plus, you may not fully realize just how hurt you are since some injuries may not be immediately apparent.
• Gather Information: Collect any details you can about the accident, including names and contact information of eyewitnesses.
• Keep a Pain Journal: In some cases, I have clients write down what is happening to them on a daily basis. You will be amazed how much of your pain and suffering you may not be able to list months down the road.
• One final thing: Do not give a recorded statement to the insurance company until you have spoken to a lawyer. The insurance folk are asking for this to help their case, not yours.

We assist individuals who are injured in all types of accidents. If you have any questions, don’t hesitate to reach out. The call will cost you nothing. We take pride in being known as “the lawyers near me” in and around Tillmans Corner.

Jason Steele

Personal Injury Attorney in Mobile, AL

Talk to me for free at (251) 666-1212