Accidents involving slipping and falling may occur for several reasons. Your case, however, will be worthless unless you and your lawyer can show that you were not just careless.
Here are some of the most common causes:
Certain types of personal injury cases may not need an attorney. If you’re acquainted with the procedure, you should be able to file a personal injury claim on your own. However, most slip and fall situations are inappropriate for self-representation for two reasons.
Generally, property owners are not legally responsible for accidents until proven. Second, in slip and fall cases, defendants often dispute the plaintiff’s injuries (damages). A good lawyer can assist you in determining who is to blame for this.
An attorney in this kind of lawsuit must first alert the defendant and insurance company. The lawsuit must show that the property owner was negligent or reckless. Your attorney will first look at the circumstances leading up to your accident. Many people have no idea how they went from walking down an aisle (or a flight of stairs) to getting an injury.
Assume you stumbled and fell down a set of stairs. This is just the beginning of the investigation. Have you made an unintentional stride with your foot? What sort of shoes were you wearing? Do you have your hand still on the handrail? What were you carrying, if anything? Which of your hands did you use to grip it? Have you ever slipped or tripped on your foot? Where were you staring as you went down the stairwell?
While this information is crucial, it only applies to how you fell down. The attorney must now work out how to hold the defendant legally accountable for your slip and fall. So:
A qualified attorney will investigate the situation and assess your fall. The liability inquiry will also look at the laws to determine if there is any breach. Your lawyer will also consult and employ experts as needed to improve your case. An attorney can assist you in calculating all of your damages as a consequence of the slip and fall.
Fracturing your wrist and being out of work may not convey the severity of your injuries or other losses. You and your attorney will need to use your employment records to prove your lost income. Your attorney must gather and arrange all of your medical papers and invoices. It’s difficult to calculate all costs from a slip and fall event. Then there’s the duty to prove non-economic losses and show them to the other party.
In a slip and fall case, there’ll be removal of the attorney’s fee from any settlement or jury award. If you do not receive compensation, your attorney will not be reimbursed.
Slip and fall injuries include concussions and bone fractures. An owner who failed to address a hazardous situation on their property may be liable. You may be able to sue the property owner for damages such as medical costs and lost wages.
However, you must present solid and detailed evidence of the negligent party’s recklessness. You may also be asked to present expert witnesses and documentation of your losses. A personal injury attorney can handle all parts of your case, allowing you to focus on healing.
How an Attorney Can Assist?
Some attorneys operate on a contingency basis in slip and fall situations. This means you won’t have to pay any upfront legal bills, and you won’t be in any financial jeopardy. The attorney will be compensated if you win your lawsuit and reach a settlement. An attorney may also help you seek compensation in the following ways:
Legal Counsel
Your attorney may provide you with lots of advice and clarify your legal alternatives. They will be able to advise you on the next actions to take in order to get justice and reparation.
Negligence
Demonstrating the property owner’s carelessness is one of the most difficult aspects. You must prove who is to blame decisively and with sufficient proof. An attorney can assist you in analyzing your accident and gathering the evidence.
Damages Calculation
Proving your damages is another important step in suing a negligent landlord. This is critical if you want to get reimbursed. Analyzing all losses might be tough, especially if you lack legal understanding. An attorney can examine and evaluate your past, current, and prospective losses. They will seek to protect you from any injury caused by the carelessness of others.
Making a Deal
In rare situations, a plaintiff may benefit from obtaining an out-of-court settlement. However, if you are uninformed about settlement talks and your actual losses, you may be out of money.
An insurance company may provide you with a settlement that only covers your damages. If you accept a settlement, you will give up your right to continue pursuing your case. An attorney can help you negotiate with insurers and review settlement proposals.
Legal Representation
Without the assistance of an attorney, civil litigants risk having their case dismissed. An attorney can handle all the technical aspects and ensure that all deadlines are met. Furthermore, they are capable of properly defending you in court.
Seek Medical Attention
Always seek medical treatment as a first step. Slips and falls may not seem to be dangerous, particularly if no blood is present or the damage is mild. However, there may have internal injuries that need hospitalization.
The victim’s right to compensation may also be lost if a fall is trivialized. It is vital that the hospital or clinic records the kind and location of injuries. Medical records include scans, x-rays, and laboratory findings.
The next step should be to notify the proper authorities about the accident. Victims should submit a formal complaint to the property management, landlord, or owner. Preserve a written record of the slip, trip, or fall before leaving the site. The report should include accurate details on the injuries.
Specifications for Documentation
To verify the veracity of your story, you must meticulously detail what occurred. Slip and fall incidents may be documented using photographs, videotapes, and written notes. You may help the attorneys to prepare evidence for a case by documenting the incidents.
It is also critical to get the contact information of any witnesses who saw the accident. Anyone wishing to contribute should offer phone numbers, email addresses, and names.
You should also keep track of the precise time, location, and type of the accident. Shoes and clothes worn at the time of the slip and fall should be stored until the legal claim is determined.
Make no Declarations
Property owners are experienced and are likely to have rapid access to legal advice. As a result, you don’t want to endanger your case by making a remark. If the owner of the property seeks a statement, kindly reject it.
It is critical that no information about what occurred or who was injured be shared on social media. You want to gather all essential information and keep it to yourself. Also, try not to get angry with the establishment’s owners or management.
Avoid rambling and refrain from commenting on the injuries. Decline any offers of medical assistance offered on the grounds. You should also decline any money offered to you without first filing a legal claim.
This means you could fill out an accident form if one is available. You are not required by law to fill out a form unless and until you want to do so. If you want to fill out the form, please be sure to provide a thorough description of how the slip and fall occurred.
However, do not assign blame. Furthermore, you should refuse to accept any responsibility. At this stage, the aim is to have all of the incidents correctly recorded.
People who have experienced any kind of trauma while on the property of another have a viable claim.
The next step is to choose an attorney who specializes in slip and fall cases. Slips and falls may seem to be straightforward civil claims, but they are not. Defendants with the potential for compensation frequently fight back aggressively.
If the defendant is a business, you can be confident that they will be represented by one of the top defense firms. If you do not employ a qualified team of attorneys, you risk losing your case and being countersued.
Managing the Difficult Paperwork Involved in Slip and Fall Accidents
The best slip law firm in Athens, Georgia, can handle complex documentation. To guarantee a case’s success, accident attorneys are acquainted with the necessary paperwork. It is also essential to know appropriate courts and how to cross-examine witnesses.
These attorneys have the expertise to anticipate how the defense would respond. A good slip & fall attorney will also be aware of the defendant’s stakes. Defendants may agree to settle a case if it produces negative publicity or court costs.
The attorneys will also look at the defendant’s insurance coverage for accidents. They would also compute the compensation amount depending on the client’s injuries.
Keep Medical Appointment Compliance
Keep your medical appointments once you’ve hired an attorney. The documentation may be critical in confirming the legitimacy of your claim.
Your commitment to treatment will show if your injuries need therapy. Attending all treatment sessions may also help you reclaim your usual activities. The damages should not be significant enough to substantially affect your lifestyle. For instance, a spinal cord injury may cause considerable life instability.
In Georgia, the majority of slip and fall cases have a two-year statute of limitations. A claim will be dismissed if it is not filed within two years after the date of the injury. We at Kenneth S. Nugent P.C. Law Firm understand that every situation is unique. Counsel from Attorney Ken Nugent may help you win your compensation claim.
