Should You Hire a Lawyer for a Slip-and-Fall Injury Case?

Updated January 26, 2024
10 min read
Should You Hire a Lawyer for a Slip-and-Fall Injury Case?

If you or someone close to you has been involved in a slip-and-fall accident, it's crucial to consider hiring a qualified lawyer to assist with your case. Slip-and-fall cases are personal injury claims that may warrant a lawsuit, hence the need for a skilled personal injury attorney to handle fall-related injuries.

Common Slip and Fall Injuries

Slip-and-fall accidents fall under the premises liability claims category. Such accidents, resulting from hazardous property conditions are prevalent. They could occur on commercial properties like office buildings, parking lots, or retail stores.

Frequent injuries from such incidents include sprained ankles or wrists, broken arms, a fractured pelvis, back problems, head traumas, or facial injuries. 

Note

These accidents generally transpire in areas with obstacles in the walkway, slippery floors or stairs, icy sidewalks on private property, or missing handrails.

Steps To Follow After a Slip and Fall Accident

After a slip-and-fall accident, prioritize documenting relevant information. Use your cellphone to capture images and videos of potential evidence, injuries, and the defect responsible for the fall. Also, note down the contact information of any witnesses who can provide further details about the incident.

Consequently, contact an attorney for a free consultation and consider signing a power of attorney. This step will enable you to ascertain the validity of your claim and plan to recover damages.

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Can You Sue for a Slip and Fall Injury?

Working with a slip-and-fall attorney can help you recover financial compensation if injured. If a negotiated settlement fails, you can file a lawsuit against the party liable. Nevertheless, each case is unique. To win a lawsuit against a property owner or their insurance company, you must demonstrate that your injuries resulted from the other party's negligence.

  1. First, you must prove that the other party owed a duty to maintain the property reasonably safe.

  2. Second, you have to prove that the responsible party knew or should have known about the hazardous condition and either repaired or taken reasonable steps to warn you about the danger.  

  3. Third, you have to prove that your injury resulted from the property owner’s failure to perform their duty to make the property safe. 

Consider this:

If you slip and fall in high heels in a defect-free parking lot, you don't have grounds for an injury claim. In contrast, you likely have a valid case if you stumble on an icy parking lot during business hours, with employee remarks confirming the owner’s knowledge of prior incidents.

Do You Need a Slip and Fall Injury Lawyer?

While you aren't obliged to hire an attorney for a slip-and-fall claim, partnering with an experienced attorney can simplify the process and potentially result in more excellent compensatory benefits. Adequate documentation of relevant information and evidence is crucial to your claim. Please do so to avoid your case being dismissed.

Working with insurance companies when claiming compensation can be intimidating. The negligent party's insurance companies may staunchly evade payout, even on legitimate claims. 

Therefore, allowing an attorney to fight on your behalf may be more straightforward. If the insurance company fails to pay a deserving compensation, your next step would be to file a lawsuit, which necessitates ample paperwork, evidence gathering, and following strict deadlines. Collaborating with an attorney can help streamline the process.

How Can a Slip and Fall Accident Attorney Assist?

A slip-and-fall accident attorney can provide a complimentary case assessment. During this evaluation, they can overview the specifics of your fall, any resultant medical bills, lost wages, and existing evidence to prove the property owner's negligence. With a cursory review of local laws, a capable attorney can tell you whether you have grounds for a slip and fall injury claim against the owners and their insurer.

Depending on your location, you might only have a few days to submit a claim for a slip and fall accident, amplifying the importance of swift lawyering. An attorney can ensure you document what's necessary to prove your case and file the required paperwork within set timelines. In addition, a lawyer can help validate the damages from the accident. This is a complex process, made easier with appropriate legal help. That team can help demonstrate the following:

  • The negligence of the property owner caused your injuries.

  • That the injuries directly resulted in lost wages due to incapacitation.

  • The injuries resulted in medical bills, potentially including future treatment expenses such as physiotherapy.

  • The accident caused emotional and psychological damage.

If you are familiar with legal processes in your area, you could inadvertently overlook crucial methods of proving damages.

Without a professional medical examination immediately after a slip-and-fall accident, as well as after a car accident, for example,  it becomes tricky to attribute subsequent health issues or medical bills to the accident. It's key to have injuries documented by a doctor, complete with a medical opinion explaining how they resulted in your inability to work and the accruing medical bills. An adept slip-and-fall attorney will ensure injuries are medically documented and linked to your inability to work and subsequent medical expenses.

Damages Recoverable After a Slip-and-Fall Injury

Several damages can be recovered after a slip and fall injury. What you're eligible to claim is entirely based on your situation. Consequently, you might recover damages for:

  • Lost wages and financial benefits.

  • Related medical bills, including long-term rehabilitation or future medical treatment.

  • Physical pain and suffering.

  • Emotional and psychological distress.

More than 95% of lawsuits for personal injury claims settle before reaching trial, contributing to reduced anxiety, delay, and the risk of complete dismissal. Negotiated settlements, based solely on the specifics of your case, can cater to compensatory damages for direct financial losses resulting from the injury. These typically include:

  1. Lost work.

  2. Medical bills.

  3. Pain and suffering.

  4. Emotional and physical trauma incurred from the accident.

These are the most common damages. In exceptional cases where the defendant's negligence was severe or reckless, punitive damages may be awarded, although these are unusual.

Timeline for a Slip and Fall Case Settlement

The time taken to settle a case varies widely. If the insurance company acknowledges compelling evidence of negligence, it might settle swiftly. Resolving a personal injury case may take up to 20 months. If the claim is denied by the insurance company, triggering a lawsuit, the process could be lengthier. Even though the average trial duration is short, usually only seven days, it can take up to 30 months to reach this point in the process and acquire compensation. However, collaborating with a qualified attorney can secure compensation faster and increase the likelihood of pre-trial settlements.

Conclusion

In conclusion, personal injury cases generally fare better with the guidance of a lawyer experienced in slip and fall accidents. Law firms can guide you through the legal process, mainly if your injuries are severe. A skilled lawyer can also help prove negligence and secure the compensation you deserve.

Article by
Kateryna Adkham
Lawrina

Kateryna Adkham is a highly skilled and experienced content specialist at Lawrina. With her expertise and knowledge in content creation, Kateryna plays a crucial role in developing high-quality and engaging content for Lawrina.

Kateryna is responsible for various tasks such as researching, writing, editing, and proofreading content to ensure its accuracy, clarity, and effectiveness.

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