An Accident Attorney in Coeur D’Alene ID Can Help When Extenuating Circumstances Lead to Claim Denial

by | Nov 7, 2016 | Lawyers and Law Firms

A large number of factors have an effect on how large of a settlement can be expected in a personal injury case. An Accident Attorney in Coeur D’Alene ID is better equipped to understand those factors than a person with little to no legal experience. The process may seem straightforward to the individual who is attempting to acquire payment. He or she primarily wants the insurer to pay for medical bills and wages that could not be earned after the injury. Having a claim denied or being offered an unreasonably low settlement comes as a shock.

The insurance company is likely to conduct an investigation if it is expected to pay out a large sum of money. The investigator may discover that the injured person was intoxicated at the time of the accident, which could mean this person holds at least some responsibility for the injury occurring. Depending on the situation, an accident attorney in Coeur D’Alene ID can use legal precedent and relevant laws to explain why compensation is still deserved.

Consider an intoxicated individual who slips and falls on an icy stairway to a commercial establishment. The insurer may insist that a sober person would not have fallen. However, the plaintiff’s attorney knows that an icy stairway is typically categorized as premises liability. The owner of the establishment or someone in charge, such as a store or restaurant manager, is responsible for keeping the premises safe for customers, employees and anyone else who arrives. If an intoxicated individual slips and falls on a dry, clear staircase, the business owner is probably not considered responsible. Ice presents a hazard to anyone attempting to climb those stairs, however.

Eyewitnesses sometimes are called upon to provide more evidence so the insurer can make a more informed decision. An organization such as Deissner Law Office will have legal professionals locate and interview those witnesses if there were any at the scene. Someone may be able to verify that the injured person was careful about climbing the stairs and did not show any obvious signs of intoxication. During a free initial consultation, an injured person can meet Dusty Deissner and get started on acquiring a reasonable settlement.

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