Bringing claims for a slip and fall case can be challenging no matter who it is against. As the victim, you may feel like you are being shut down and kept in the dark about your situation, and that others are trying to worm their way out of having to properly settle a claim.
The difficulty can be drastically increased when dealing with large consortiums, like Kaiser Permanente. With how large the group is, and how much ground they tend to cover, it can be extremely daunting when facing their possible team of lawyers. Here are the steps you need to take when dealing with a claim against the likes of Kaiser Permanente.
Recording the Incident
Although it may seem like a moot point, or that it is not necessary for something as simple as this kind of incident, recording the incident in full detail is important for the proceedings to occur. The simple act of having either a video recording, written record, or photographed evidence, of the event and cause will help to solidify your case against Kaiser Permanante.
When the event occurs, it is best not to discuss any in depth details with any personnel affiliated with Kaiser Permanante. This is because any details or words that you give may be used against you in court later on.
Next, you must be able to identify a slip and fall accident when it occurs. Identifying the reasons that separate a regular fall and a slip and fall incident is key in pushing a claim forward.
The key point is understanding when the cause is not your own, or at least only partially your own. A slip and fall refers to a case wherein a victim slips or falls on the premises of another entity, and suffers an injury due to the accident.
The next is understanding if the cause of the accident was due to their negligence, or due to their medical procedures that they have prescribed to you. Such instances of this would be slipping on a spill on their premises that they did not label, or falling due to a medical prescription prescribed by a doctor of Kaiser Permanente. Both would hold substantial weight if tied to Kaiser Permanente.
Build your Case
After you have identified that kaiser Permanente are responsible for your injuries during the slip and fall incident, make sure to keep all relevant information throughout the healing process and legal proceedings. This will be important when bringing evidence to court, as well as how much you will claim on your lawsuit.
Relevant information can include, but is not limited to:
- Medical bills and diagnoses
- Documentation of incident
- Lost wage notices/loss of job notices
- Doctor's visits notes and testing documentation
These above situations, if tied to the slip and fall incident, help to identify what needs to be covered, as well as what should be claimed in your lawsuit or legal case. Depending on the definitions of the case, such as if it was based on negligence or medical malpractice, you may be entitled to short-term coverage, as well as coverage for long-term problems and issues down the road. These can be anything from broken and fractured bones, to permanent motor function loss in the body. If an issue has had a financial impact on you, it may be entitled to compensation.
Hire a legal representative
Once you feel like you have a solid base in your case, it is time to hire a proper legal representative. Finding a legal representative to speak in your place has many advantages, but they will mainly be able to help guide you along the process. Bringing a claim against a large corporation such as Kaiser Permanente can come with many walls and problems that you may run into. Having a legal representative that understands these situations and is able to clearly define the problems that need to be fixed ensures that you have a solid case with no chance of mishaps occurring.
They will also help in organizing and cementing your information and records for the case. Your legal representative will be able to help tell you what is necessary to keep, and what to get rid of. They can identify if a certain loss will be claimable, or if it will be discarded during the proceedings. This way, you are only focused on the relevant information, and not any fluff that might tag along.
Do not Speak for Yourself
The last part of your case when bringing it up to Kaiser Permanente is to not speak for yourself at legal hearings or discussions. This includes any meetings between the parties involved (yourself and Kaiser Permanente), and any court hearings that you both may need to attend.
This may seem counterproductive, but it is extremely important, just as it was to not speak to a Kaiser Permanente representative during the time of the accident. This is because your words may be used against you at any point, and at any time. For instance, if you were to state after the accident, “You feel fine, and nothing really hurts,” that may be used to prove that your injuries are nothing more than superficial wounds, even if they have escalated to aggressive injuries. Not only that, but also stating that you may be willing to settle can lead to your case being damaged and possibly overturned.
Instead of speaking for yourself, always speak through your legal representative. They understand what is best, and are able to help navigate any discussions or proceedings that may occur. They will help to safeguard you against possible malicious probes by Kaiser Permanente, and ensure that you get compensated for your lost wages or payments, as well as be compensated for injuries that were sustained under the responsibility of Kaiser Permanente.