Slip and fall lawyer: A slip and fall lawyer can assist a victim of a personal injury accident in seeking financial awards for their losses. Some people believe they should only hire an attorney if their case goes to trial. However, the truth is that a lawyer can be hired right from the start of the claim process.
You may be eligible to recover 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 a fair compensation through negotiations, they can pursue it through a trial.
What a Slip and Fall Lawyer Do
A slip and fall lawyer can help you with an insurance claim in several ways.
- Liability in Slip and Fall Cases: Your lawyer can examine your case to determine whether the property owner is liable. They can assess the cause of your fall and determine if the owner or manager of the property contributed to the circumstances or if it was an accident that could not be prevented. For example, a landlord can investigate the property to see if a similar incident ever occurred in the past, which may help you prove the landlord possessed knowledge of the safety hazard. It is possible for a landlord or property manager to be liable for your losses if they knew of a hazard and failed to address it within a reasonable amount of time.
- Avoid accepting an unfair settlement: An attorney can help a victim ensure that a settlement offer fairly compensates them for their losses, as well as ensure that the settlement accounts for future losses. A lawyer can negotiate for an amount that would cover treatment costs and diminished earning capacity if the accident leaves you permanently disabled.
- If your case goes to trial, we will represent you: Your slip and fall lawyer can also assist you in filing a lawsuit against the insurance company if negotiations fail. Lawyers can help you meet any deadlines, such as your state’s statutes of limitations, and handle any paperwork. They can represent your best interests in court and before a jury.
Accidents caused by slips and falls
Falling can happen anywhere, and it can result in serious injury. For example, the Centers for Disease Control and Prevention (CDC) reports that over 800,000 people are hospitalized each year due to falls. These incidents usually consist of hip fractures and head injuries, two conditions that can result in temporary or permanent disability.
The causes
A few accidents are unavoidable, while others can be prevented with reasonable precautions. When a property remains unsafe, visitors, guests, and invitees may suffer a slip and fall incident as a direct result. The property owner becomes responsible for covering the costs of their injuries in these cases.
Negligence can result in a slip and fall in the following scenarios:
1.The property is not maintained
2.The failure to replace a broken handrail on a staircase
3.Handrails are not provided in areas where they are needed
4.Failure to properly secure carpets or rugs so that guests are not tripped by tears or wrinkles
5.Obstructions in the guests’ path should be removed
6.The failure to prevent a leak that leaves a puddle on the floor
7.The property was not addressed when a safety hazard was reported
Even though these scenarios may not seem dangerous in and of themselves, they can lead to dire consequences if left unaddressed. It may seem that replacing the carpet is a cosmetic concern, but when you consider how a snag near the entrance could cause a visitor to trip, you begin to understand why landlords have to prioritize any safety concerns.
Do I need a slip and fall accident fall lawyer?
You do not need an attorney if you are involved in a slip and fall accident. You can file a lawsuit or claim yourself, negotiate a settlement, and even represent yourself in court. If you intend to take on a property owner, their insurance company, and possibly their lawyers by yourself, you may face a stressful uphill battle.
There is no clear-cut definition of fault in slip and fall cases, and the property owner can argue that it was your carelessness or clumsiness that caused you to fall. Some studies indicate that people who represent themselves in civil court cases are at a distinct disadvantage, according to the American Bar Association (ABA).
Laws governing slip-and-fall accidents
The law states that a victim is entitled to compensation if the property owner fails to maintain a safe environment for customers or visitors after a slip, trip, or fall accident. When the property owner fails to warn visitors about possible hazards, the victim may be entitled to compensation.
The following situations are exceptions to such cases.
- If the visitor was distracted, the owner is not liable
- A fairly responsible person should not be able to see the hazards on the property
- If the victim was trespassing on the property, they will not be compensated
- In the event of a fall caused by the design of the property, the owner is responsible
While the property owner is responsible for providing a safe environment to visitors, the visitor must also remain cautious and behave responsibly. In such situations, slip and fall lawyers can help both parties.
If you slip and fall, a lawyer can help you establish fault
To reach a fair settlement or win at trial, you and your lawyer must prove that the property owner’s negligence played a significant role in causing your injury. First, your lawyer will investigate exactly how your injury occurred. Falls happen very quickly, and many people have no idea how they went from walking down the aisle in a store to being on the ground. You fell down some stairs, but that’s just the beginning of the investigation. Did you miss a step? What shoes did you wear? Were you holding onto the handrail? What were you carrying? In which hand did you carry it? Did your foot trip or slip? What did you look at while you went down the stairs?
While all of this information is important, it only addresses how you fell. Now, the attorney must determine how to hold the defendant legally accountable for your slip and fall. Here are some suggestions:
- Is there really a step you missed?
- On the step, did you slip on some substance or defect?
- Have you tripped over your coat, your bag strap, or something else?
- Have you ever lost your balance while reaching for something (perhaps a handrail that wasn’t at the right height)?
- Did you use your phone or were you distracted by anything else?
- Do the risers (the height of each step) vary in height, which might have caused you to lose your balance?
A good lawyer will examine the scene, discuss all these possibilities and more with you, and determine exactly why and how you fell. To determine if any statutes or regulations were violated, the liability investigation will include a review of applicable state, federal, and local laws. Whenever necessary, your attorney will consult and retain experts to strengthen your case.
You Can Prove All Losses Caused By Your Slip and Fall With the Help of a Lawyer
Documenting the nature and extent of 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, 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 requires presenting your damages argument in the best possible light to the other side.
What is the cost of a slip and fall lawyer?
In a slip and fall case (as with most personal injury claims), lawyers almost always work under a contingency fee agreement, whereby they charge a percentage of your settlement or jury award for representation. When you don’t receive money, neither does your lawyer. Find out how much it costs to hire a personal injury lawyer and how to select the right one.
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