Slip and fall accidents are very common, with over one million people going to the emergency room every year in the U.S. These injuries can cause physical, emotional, and financial tolls. Property owners have a duty to keep premises safe, and if they fail to do so, they can be held liable for the injuries sustained by the victim.
When filing a claim, slip and fall accident lawyers can help you through the legal process in the following ways.
Understanding Your Rights After a Slip and Fall
Most victims do not know whether or not they have a valid claim. Many people may end up blaming themselves for not seeing a hazard, or just assume the fall was an accident. However, a lawyer can assess the situation and determine whether a property owner or business manager was negligent.
For instance, they will check if the spill was cleaned properly or in a timely manner. Additionally, was there a proper warning sign? Every state has its own laws about liability and deadlines for filing a claim.
Once the statute of limitations expires, a victim loses their right to file a claim. A lawyer will explain these details, including negligence rules and what you are entitled to under the law.
Collecting the Evidence That Matters
A successful slip and fall claim depends heavily on evidence. However, collecting enough evidence on your own can be very difficult. A lawyer will work hard to collect evidence such as:
- Surveillance footage
- Witness statements
- Incident reports
- Medical records
They may also bring experts who will reconstruct how the fall happened and check if the property met the required safety codes. When it comes to evidence, time is of the essence. The longer you wait, the more likely you will lose evidence or witnesses can forget important details. A lawyer will ensure the evidence is collected and preserved early.
Protecting You From Insurance Company Tactics
After a slip and fall, an insurance adjuster may reach out. They might seem friendly, but their goal is to settle the case as quickly as possible for as little money as they can. Insurers may ask misleading questions or try to coerce you to say something that hurts your claim.
When you have a lawyer, they will handle all communication with the insurance company and fight against any lowball offers. Since they are familiar with insurers’ tactics, their presence shows that you are serious about fighting for your rights.
Making Sure You Get the Compensation You Deserve
As mentioned, millions of people get injured from slip and fall accidents. Victims are often left with medical bills, long-term pain, missing time from work and permanent disability. A lawyer can help you calculate the full value of your claim. This includes current expenses (that most victims focus on) and any future costs. They will also consider non-economic damages like pain and suffering.
An attorney will also handle the negotiations by directly communicating with the property owner’s insurers to get a fair settlement. If you fail to reach an agreement, an attorney will take your case to court.
Taking Your Case to Court, If Necessary
Around 5% of slip and fall claims go to court. As much as most cases are handled during negotiations, sometimes the insurance company may refuse to offer a fair settlement or dispute your case entirely. This leaves your case in the hands of a judge or jury.
A lawyer will prepare your case, present evidence early, and advocate for your case in the courtroom.
Conclusion
Dealing with the aftermath of a slip and fall injury on your own can be overwhelming and frustrating. A skilled attorney can make a difference in how your case unfolds. Most attorneys offer free consultations, so do not be afraid to reach out.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
