Why hire a Slip And Fall Accident Lawyer?
How can slip and fall lawyers help you?
What are the essential elements you should know!
In this article, we will break down the Slip And Fall Accident Lawyer so you know all there is to know about it!
Keep reading as we have gathered exactly the information that you need!
Let’s dig into the legal profession!
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Let’s get started!
Who Are Slip And Fall Lawyers
Slip and fall accident lawyers are legal professionals specialized in obtaining compensation for victims of “slip and fall” accidents causing them injuries.
A person may fall in a restaurant, in a shopping mall, retail store, on the sidewalk, on someone’s driveway, or in any other place posing a risk hazard for those passing by.
In some cases, the victim of the fall does not suffer important injuries and walks away unharmed.
However, other slip and fall accidents can result in important injuries, costs, and expenses to the fall victim.
That’s when it’s important to contact a slip and fall injury lawyer to evaluate the circumstances of the fall in light of the applicable laws and determine if you have a possible recourse in getting compensation for the damages suffered.
Do You Need A Slip And Fall Injury Attorney
Do you need to hire a trip and fall lawyer to provide you legal representation?
The truth is that you don’t have to hire an attorney.
If you are comfortable in dealing with your case, you can handle it yourself.
However, slip and fall cases are not the easiest types of cases to handle.
Attributing “fault” in a slip and fall claim is going to be challenging in most cases.
The defendant or the defendant’s insurance company is not in the business of compensating any person who may potentially fall.
As a result, they are likely to vigorously defend themselves should a claim be filed against them to minimize their financial risks and exposure.
Was the defendant responsible for the accident?
Was the plaintiff negligent or careless?
Mandating a slip and fall law firm or slip and fall injury lawyers can be beneficial as they have the expertise, legal training, and experience to look for the facts (and legal clues) allowing you to attribute the fault to the defendant.
When you are successful in attributing fault and prove that your damages result from the fall, you are likely to get meaningful compensation and recovery for your damages.
What Do Slip And Fall Accident Attorneys Do
If you hire a slip-and-fall lawyer, what type of legal services will you benefit from?
Your lawyer’s job is to get you a fair settlement for the injuries you suffered or litigate your case and go to trial.
To achieve that goal, let’s look at the services that your slip & fall attorney should be able to provide you.
Investigate The Accident
The first step is for your attorney to investigate the accident.
Here are some questions that your lawyer may ask:
- Did you fall on an object?
- Were you distracted by something right before the fall?
- Did you miss a step?
- Were there any warning signs nearby?
- Did someone accidentally push you?
Investigate The Injuries
The second step is for your lawyer to understand the extent and scope of your injuries.
Here are some questions your attorney may ask:
- Did you have any injuries prior to the fall?
- Where did you get hurt?
- Did you call an ambulance?
- Do you have an ongoing physical impairment?
- Did you need to get therapy?
- Did a doctor see you?
Investigate The Damages
The next step is to investigate the damages and verify if the damages were caused by the fall.
In slip and fall lawsuits or claims, not only is it important to prove the defendant was at fault but it’s important to prove the damages.
Essentially, a negligence lawsuit or a personal injury claim involves compensation for “damages”.
Without proven damages, even if the defendant was at fault, you may not be able to get any recoveries.
Investigate The Law
A good lawyer for slip and fall will master the facts of the case and understand the laws applicable to the accident.
Are there state, federal, or local laws that apply?
Did the defendant fail to observe any statute, regulation, ordinance, or rule?
Did the defendant have all the required permissions to operate the premises where the accident took place?
By thoroughly studying the applicable laws, your slip & fall attorney will strategically determine how to structure your personal injury claim to provide you with the best chances of a settlement or success in court.
Once your lawyer has performed the initial factual and legal investigations, he or she can provide you with legal support and assistance in dealing with the defendant’s insurance carrier.
Let’s face it, the insurance companies are not in the business of paying out settlements or compensating anyone who makes a claim.
The insurance company’s objective is to demonstrate that the victim of the fall was the only party at fault.
They will also try to prove that the victim’s damages are exaggerated or the injuries are not as bad as they are claimed to be.
Your trip and fall attorney has experience dealing with clever insurance companies and can preempt the type of arguments they will raise in defending the claim.
Dealing with insurance carriers can be tricky.
Having a legal professional handle your claim can increase your chances of getting a fair settlement than having your claim rejected.
Hiring the best slip and fall lawyers for personal injury can be advantageous in the context of settlement negotiations.
How do you know what is a good settlement proposal?
When do you play hard?
Should you settle or keep going?
Negotiating a settlement is an art.
Lawyers are trained experts in the field of law and have experience leading negotiations.
In most cases, the plaintiffs are better off having a trained expert handle the negotiations for them in a structured, strategic, and civil manner.
Those who handle their own negotiations may find it difficult.
Not only you must make sure you don’t say anything to hurt your case but you must also keep your emotions in control.
It’s best to have a fall attorney handle it for you for the best results.
If your attorney cannot settle the case for you early on, the good news is that he or she has the knowledge and expertise to draft the legal proceedings to file a lawsuit against the defendant (and insurance carrier as applicable).
Litigating a slip and fall matter is not easy.
You must know which court is competent to hear the matter, how to draft legal proceedings in accordance with the court rules of civil procedure, perform discovery and depose witnesses, handle evidence, and ultimately plead the case.
What To Do After A Slip-And-Fall Accident
What should you do if you suddenly trip and fall?
If you’ve slipped and fallen on another’s property and suffered injuries, there are some key steps you should make sure you take.
The first step is to make sure you get the proper medical attention.
In some cases, your injuries are evident (like a broken bone or sprained ankle).
In other cases, your injuries may not be immediately apparent and may manifest themselves later.
You must get the necessary medical attention to ensure you get treated for any injuries suffered.
The next step is to make sure that you (if you can), a family member, friend, or someone takes pictures of the scene of the accident.
You want to make sure you take pictures, photos, or film the scene of the accident so you have evidence about the condition of the area at the moment of the accident.
If there were any witnesses on the scene, make sure you identify them.
It’s always helpful to have a fact witness who can corroborate your story.
In many cases, defendants will attempt to deny that the accident took place in the manner presented by the plaintiff.
As a result, a witness can be a crucial piece of evidence for the plaintiff to factually establish what had transpired before and after the accident.
Notify Property Owner
If you’ve suffered damages following a slip and fall accident, make sure that you or your trip and fall attorneys notify the property owner or manager of the accident.
For example, if you fell in a restaurant, inform the restaurant owner or manager.
They may want to contact the police and file an accident report.
What’s important is that you do not make admissions or give statements where you confirm and acknowledge to be at fault.
Anything you say can be held against you.
Contact A Slip-And-Fall Lawyer
After you are able to resume your affairs and get back to your daily life, it’s important that you contact a personal injury lawyer slip and fall or premise liability lawyer to get legal advice.
You want to get a consultation so know your legal rights and obligations.
A lawyer slip and fall will quickly assess the overall merits of your case and guide you as to what evidence you need to gather, what medical reports you need, how to calculate and quantify your damages, and so on.
In addition to that, your slip and fall personal injury lawyer will inform you of any applicable statute of limitations.
Understanding the statute of limitations is a crucial piece of information that you must be aware of.
Some laws and statutes may potentially limit the time you have to file a personal injury claim.
If you have six months to file a claim, you must act quickly.
If you miss the statute of limitations timelines, your legal action may be time-barred.
Types of Slip And Fall Injuries
Slip and fall injuries occur when a person “slips” or “trips” on another person’s property or premises suffering injuries.
The injuries can range from a small scratch, broken bones, spine injuries, and, in extreme cases, death.
No matter the injury suffered, the law recognizes that a person who suffers injuries due to the fault of the owner of the premises must be compensated for the damages.
Slip and fall injuries seriously injure and potentially kill workers on job sites.
Wet surfaces, uneven surfaces, tight spaces, hidden gaps, slippery substances, debris, or objects can cause a person to slip and fall.
Here are some possible injuries:
- Broken bones
- Wrist injuries
- Broken rib cage
- Spine injuries
- Traumatic brain injuries
- Head injuries
- Hip fractures
- Sprained ankles
- Sprained wrist
- Shoulder dislocations
Legal Liability For Slip And Fall
Who is liable for a slip and fall accident?
Who Is Liable
Generally speaking, a slip and fall accident falls under the umbrella of premise liability laws.
In essence, the owner of the premises is responsible for ensuring that the area is safe for others.
Here are some examples of places a person can fall:
- Ski resort
- Public pool
- Retail store
- Parking lots
- Government offices
- Apartment buildings
- Construction sites
- Amusement parks
Any risks or hazards should be rectified diligently to avoid exposing others to bodily injuries or harm.
How Liability Is Established
To hold an owner of a property liable for slip and fall damages, you will generally need to establish the following:
- The condition of the property was dangerous
- The property owner knew or should have known of the dangers
- The property owner did not rectify the dangerous situation in a reasonable amount of time
- The injuries were caused due to the owner’s failure to resolve the hazardous condition
A slip and fall action can be based on tort law and negligence can be established by proving the four elements of negligence:
- The defendant had a duty of care
- The defendant breached its duty of care
- The plaintiff suffered damages
- The defendant’s negligence caused the damages or there was a proximate cause
Once you prove that the property owner is to be held liable for the fall, then you can claim financial compensation for the damages.
Types of Slip And Fall Accidents
What are the different types of slip and fall accidents?
There are many ways a property owner can be held liable for a slip and fall accident, here are some examples:
- Poor lighting in stairways
- Icy conditions
- Oily conditions
- Wet floors
- Objects on the ground
- Poorly maintained stairs
- Hidden cords
- Unsafe structures
- Poorly maintained parking lots
- Dips and rises in the floor levels
- Defective carpeting
- Rotting floors
- Broken floors
What Type of Compensation Can A Lawyer Get
What damages can trip and fall lawyers get?
Your trip and fall injury lawyer can get different types of damages for you.
The first type of damage is referred to as “compensatory damages” representing quantifiable damages suffered following the slip and fall.
Damages can be obtained to compensate for medical costs, emergency costs, transportation costs, physiotherapy, medical device, surgery, and so on.
The financial losses are typically proven by producing the receipt, statements, or bank records showing the financial cost.
In addition to compensatory damages, your lawyer can also get general damages depending on the applicable laws.
General damages are non-financial damages (or non-economic damages) suffered by the victim of a fall.
If the laws permit them and to the extent of any possible legal caps, your fall injury attorney may get damages for your pain and suffering, mental anguish, anxiety, stress, and similar types of damages.
Your slip & fall attorneys may determine that the defendant could potentially be condemned for punitive damages in exceptional cases.
Punitive damages represent a sum of money awarded to the plaintiff over and above the compensatory and general damages.
The additional damages are awarded to “punish” the defendant and to set an example so others do not engage in the same reckless or reprehensible behavior in the future.
In most cases, punitive damages are not awarded.
However, it’s worth speaking with your fall injury lawyers to explore this option.
How Much Will A Slip And Fall Lawyer Cost
The answer depends on which slip and fall accident attorney you choose to hire or with which law firm you are dealing with.
An attorney for slip and fall cases is likely to work on a contingency fee basis.
In other words, you will not have to pay anything to your lawyer until your lawyer obtains a settlement or award in court.
Then, the lawyer will be paid a percentage of the settlement received or the award provided in court.
For example, if you have a 25% contingency fee agreement with your local slip and fall attorneys, if they get a $100,000 settlement for you, they will get paid $25,000 (25% of the settlement).
Other lawyers may work on an hourly fee basis.
The advantage is that if you get a settlement early, you’ll end up paying less in legal fees and you’ll have more in your pocket.
However, if the case drags on, you may end up paying more in legal fees than in possible compensation.
You’ll need to shop around, contact a few lawyers and law firms, and see who offers you the best price (with the best quality of course).
Slip And Fall Accident Lawyer Takeaways
So what is the legal definition of Slip And Fall Accident Lawyer?
Let’s look at a summary of our findings.
Slip And Fall Accident Lawyer
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