Those who are injured in a slip and fall accident can seek compensation for their losses through the assistance of a slip and fall lawyer. While some people believe they should only hire an attorney if their case goes to trial, the truth is you can hire a lawyer right at the beginning of the process, which usually begins with an insurance claim.
You may be eligible for financial awards for your losses if your injuries resulted from the negligence of another party, such as a landlord, building owner, or building manager. A slip and fall accident lawyer can handle your claim, and if they cannot secure fair compensation through negotiation, they can pursue it through a trial.
How To Choose A Slip and Fall Lawyer
According to the Centers for Disease Control and Prevention (CDC), 44,686 people died in falls at home or at work in 2021. Many more people were injured.
Some of these falls were accidents, but many could have been avoided if others hadn’t been negligent. If you were hurt in a slip-and-fall, you may want to speak with a slip-and-fall lawyer to learn about your options. An attorney experienced with slip-and-fall cases can help you evaluate your accident and advise you on what to do.
You can use this guide to find the best slip-and-fall lawyer to represent you in court.
Get referrals from people you know
In spite of the fact that you may not have worked with an attorney before, there’s a good chance you know someone who has. Therefore, you should tap into your network to find a slip-and-fall lawyer. For example, if you have worked with an estate planning or real estate lawyer, they might be able to refer you to an experienced slip-and-fall lawyer.
You can also find attorney referrals through professional organizations, such as your state or local bar association.
Learn how payments work
You should understand how your lawyer will charge for legal services before you hire a slip-and-fall lawyer.
The good news is, most slip-and-fall lawyers charge on a contingent fee basis. If your case fails, you don’t have to pay legal fees out-of-pocket. Only if you are successful in receiving damages for your slip and fall will your lawyer collect a percentage of the compensation they recover on your behalf.
The policies of any lawyer you consider hiring may differ regarding whether you have to pay actual expenses, such as court fees and expert witness fees, if your case fails.
Ensure Your Lawyer Has Slip and Fall Experience
When you slip on someone’s property when you are not at work, you fall under a body of law known as premises liability law or tort law.
Make sure the lawyer you hire has experience with the specific type of slip-and-fall case you have.
In addition, make sure your lawyer has experience in both settling cases and going to court or to workers’ compensation hearings, as it’s hard to predict how your case will end.
Slip and Fall Lawyers: Why You Need One
Your lawyer will help you in many important ways, including handling the following tasks, if you hire an experienced attorney.
The law that applies to your case is explained to you by your lawyer
In order to get the maximum damages, your lawyer will help you identify all parties against whom you can file a tort claim.
To prove negligence, you may have to demonstrate what your status was on the property where your injury occurred.
For example, if you are classified as a “trespasser,” you are not entitled to the same duty of care as if you were a “licensee” or an “invitee.” These are technical legal terms that can be complex to understand but make a huge difference in how easy it is to make your claim.
Assisting you in proving that the property owner failed to live up to their duty will maximize your chances of winning your case.
How Your Lawyer Can Help You Decide Whether to Settle
Slip-and-fall claims are often settled without litigation or a hearing. You could settle with your employer’s workers’ compensation insurer or with the insurance company representing the property owner.
Your lawyer can assist you in deciding whether a settlement is worth accepting or negotiating on your behalf to maximize your chances of receiving a fair settlement offer.
Hearings and litigation are handled by your attorney
In addition, your lawyer will represent you at hearings before the court or before an administrative law judge within the workers’ compensation system if your injury or workers’ compensation claim cannot be agreed upon with the state. In order to prove damages, make your case, and get your money, you need specialized legal knowledge.
Your attorney will handle your trial if you cannot settle your tort claim with the defendant.
Interviewing a Slip and Fall Lawyer
While your case is unique, a lawyer who has had many previous successes stands a greater chance of helping you prevail.
Find out how involved your attorney will be in the day-to-day management of your case. Often, paralegals or associate attorneys handle many aspects of your case.
Make Sure Your Communication Styles Match: Ensure you are comfortable sharing intimate details about your injury with your lawyer and that you are satisfied with how and when your lawyer will communicate with you.
How Does a Slip and Fall Lawyer Help?
Those who are injured in a slip and fall accident can seek compensation for their losses through the assistance of a slip and fall lawyer. While some people believe they should only hire an attorney if their case goes to trial, the truth is you can hire a lawyer right at the beginning of the process, which usually begins with an insurance claim.
You may be eligible for financial awards for your losses if your injuries resulted from the negligence of another party, such as a landlord, building owner, or building manager. A slip and fall accident lawyer can handle your claim, and if they cannot secure fair compensation through negotiation, they can pursue it through a trial.
What a Slip and Fall Lawyer Can Do for You
You can file an insurance claim with the help of a slip and fall lawyer.
Liability in Slip and Fall Cases
In order to determine and demonstrate the property owner’s liability, a lawyer can investigate your case. In their assessment, they can determine whether you fell as a result of the property owner’s or manager’s negligence or if it was an accident that was unavoidable.
You may be able to prove that a landlord knew about the safety hazard if a landlord investigated the property to see if a similar incident had occurred previously. You may be liable for your losses if your landlord or property manager knew of a hazard but did not take reasonable measures to address it in a timely manner.
Avoid accepting an unfair settlement
Lawyers can help a victim ensure that an initial settlement offer fairly compensates them for their losses and that the settlement takes into account their future losses as well.
It is possible for a lawyer to negotiate for an amount that covers the cost of treatment and diminished earning capacity if the accident leaves you permanently disabled.
If your case goes to trial, we will represent you
You can also file a personal injury lawsuit with your slip and fall lawyer if negotiations with the insurance company fail. They can help you comply with any applicable deadlines, such as your state’s statute of limitations, and take care of the paperwork. Your best interests can be represented by a lawyer before a jury and judge.
Accidents caused by slips and falls
It is not uncommon for slips and falls to occur anywhere, and they can result in serious injuries. The Center for Disease Control and Prevention (CDC) reports that over 800,000 people are hospitalized every year because of falls. In most cases, these injuries result in hip fractures and head injuries, both of which can leave a victim disabled for a period of time.
The Causes
In some cases, accidents are unavoidable, while in others, reasonable precautions could have been taken to avoid them. When a property remains unsafe, visitors, guests, and invitees may suffer a slip and fall incident as a direct result. In these cases, the owner of the property becomes responsible for covering the costs of their injuries.
The following are some scenarios in which a slip and fall could occur due to negligence:
The property is not maintained
The failure to replace a broken handrail on a staircase
Handrails are not provided in areas where they are needed
Failure to properly secure carpets or rugs so that guests are not tripped by tears or wrinkles
Guests’ paths are obstructed by obstructions
A leak that leaves a puddle on the floor cannot be prevented
Refusal to address a reported safety hazard
If left unaddressed, these scenarios can lead to dire consequences, even though they may not appear dangerous in themselves. It may seem that replacing the carpet is merely a cosmetic concern, but you can see why landlords prioritize anything that could create a safety concern when you consider the snag near the entrance.
Get Help with Your Case from Ben Crump Law, PLLC
You may have legal recourse if you suffer a slip and fall accident through either an insurance claim or a personal injury lawsuit. If necessary, a slip and fall lawyer can represent you in court.
Give us a call today at 800-217-4111 to determine your legal options after a slip and fall accident, and we will give you a free consultation.
A Slip and Fall Injury Case: Should You Hire a Lawyer?
There are some types of personal injury cases that don’t necessarily call for a lawyer’s help. You’re probably fine making an injury claim on your own after a minor car accident where the other driver is clearly at fault. But most slip and fall cases aren’t suited for self-representation, for two main reasons. First, fault for a slip and fall accident isn’t usually clear, and property owners (and their insurers) aren’t in the business of accepting legal responsibility for an accident unless liability is obvious. Second, it’s pretty common for slip and fall defendants to argue that the plaintiff’s injuries (damages) aren’t as bad as they claim.
An attorney’s first job in a slip and fall case is to get the attention of the defendant and the insurance company, since the insurance company may not take a self-represented claimant seriously. The key issues in these cases are usually liability and damages, so let’s look at how an attorney’s assistance can be crucial.
If you slip and fall, a lawyer can establish fault for you
To get your slip and fall case settled or to go to trial, you and your lawyer have to prove that the property owner was negligent, and that the negligence caused your injuries.
You’re lawyer will investigate exactly how your injury occurred. Falls happen very quickly, and many people do not understand how they went from walking down a store aisle to lying on the ground.
You fell down some stairs. That’s just the beginning of the investigation. Did you miss a step? What were you wearing on your feet? Were you holding on to the handrail? Where were you looking while you were going down the stairs? What, if anything, did you carry? Did your foot trip? Where were you looking when you were going down the stairs?
As important as all this information is, it only addresses how you fell. Now your attorney must figure out how to hold the defendant legally responsible. So:
Is there really a step you missed?
On the step, did you slip on some substance or defect?
Was it your coat, a bag strap, or something else that caused you to trip?
When you reached for something (perhaps a handrail that wasn’t at the right height), did you lose your balance?
Did you use your phone or were you otherwise distracted?
Did the risers (the height of each step) differ in height, which might have caused you to lose your balance?
A good lawyer will examine the scene, discuss all of these possibilities and more with you, and determine exactly why and how you fell. To determine if the property conditions violated any statute or regulation, the liability investigation will also include a review of applicable state, federal, and local laws. As needed, your attorney will consult and retain experts to strengthen your position.
Your slip and fall lawyer can prove all your losses
Documenting your injuries and other damages is not just a matter of saying, “I broke my wrist and was out of work for two months.” You and your lawyer have to properly document your lost income through your employment records. Your lawyer must obtain and organize all of your medical records and bills. It can be surprisingly difficult to put together a clear picture (with all necessary documentation) of all losses stemming from your slip and fall accident. Then there’s the separate (and often crucial) component of claiming and substantiating your non-economic losses, like “pain and suffering”, which can make up a big part of your case.
What is the cost of a slip and fall lawyer?
A slip and fall case (like most personal injury claims) is usually handled by a lawyer on a contingency basis, which means the lawyer takes his or her fee from any settlement or jury award you receive. You will not receive money if you don’t hire a personal injury lawyer. Find out how much it costs to hire one and how to choose the right lawyer for your case.
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