Do I Need a Slip and Fall Lawyer?

You might have broken bones or other injuries after slipping on a wet floor at a grocery store or falling on the icy parking lot of an apartment complex. Often, the premises owner must compensate you for damages, including medical bills and out-of-pocket costs.

While you could pursue a slip-and-fall claim on your own, it’s often better to do so with an experienced lawyer’s help. Talk to a premises liability lawyer for legal advice.

Understanding Slip and Fall Cases

When someone trips, slips, or falls on another person’s property, it’s a personal injury that qualifies as a slip-and-fall accident. The incident falls under personal injury law, specifically premises liability.

Property owners owe customers, employees, and visitors a duty of care. They are legally responsible for keeping their premises safe and must use reasonable care to keep the property free of dangers that can hurt others. Owners are liable for accidents that happen because of an unsafe condition.

Common causes of slip and fall accidents include:

• Wet floors
• Torn carpets
• Poor lighting
• Faulty handrails
• Ice and snow on walkways
• Potholes in parking lots 

You may be entitled to financial compensation for damages such as medical treatment and lost wages if hurt.

Challenges in Slip and Fall Lawsuits

Slip-and-fall lawsuits may seem straightforward initially, but they often involve complexities that are very difficult to handle without professional legal help.

A big hurdle in an injury lawsuit is proving that the property owner was at fault. To file a slip and fall lawsuit, you must demonstrate that the property owner or manager was negligent. This means proving that the owner had a legal responsibility, or a duty of care, to maintain safe conditions and failed to do so.

You also must prove that there was a dangerous condition and that the property owner knew about it and did little to nothing to correct it. For example, someone may claim that a property owner didn’t clear ice from a parking lot, which caused their injury. Or, if an employee notices a spill but doesn’t promptly clean it up or mark the area with a warning sign, the property owner may be considered negligent if someone falls and gets hurt.

Gathering evidence is another challenge. Slip and fall cases rely heavily on evidence to show the hazard’s existence and the property owner’s failure to address it. Collecting this evidence can be time-consuming and challenging while recovering from your injuries. It’s also hard if you’re unfamiliar with what’s needed to prove your case.

Knowing the law is yet another challenge. Legal standards vary by state. Some states use comparative negligence, which divides responsibility for an accident among two or more parties if both are at fault. Other states follow contributory negligence and bar recovery if you contributed to the accident in any way. You’ll need to know the specific legal standard applied by your jurisdiction.

Of course, the owner may deny responsibility. Sometimes, property owners claim that the hazardous condition was so open and obvious that you should have noticed and avoided it. In other instances, the owner might claim you were partly responsible for the accident. These defenses can reduce or eliminate the property owner’s liability. It’s essential to know how to counter these arguments.

The Role of a Slip and Fall Lawyer

Hiring a slip-and-fall lawyer has many benefits.

Slip and fall accident lawyers investigate the case and gather evidence. Evidence can take many forms, such as:

• Photographs of the dangerous condition
• Security footage
• Eyewitness statements
• Incident reports
• Depositions

A personal injury attorney looks at your claim to determine the needed evidence. They know how to collect and present it to the insurance company or court.

An experienced personal injury lawyer also understands liability. They also know how insurance companies will view the strengths and weaknesses of your claim, including your role in the accident.

Having a lawyer can get you fair compensation. Insurance companies often try to exploit people without lawyers by offering low settlements. But legal counsel knows the settlement value of your claim. Insurance companies don’t try to lowball lawyers when making a settlement offer.  

Your lawyer can represent you in court if the insurance company sticks to an unfair settlement amount. They know your state’s laws and courtroom procedures. They can counter defenses if the other side tries to find you liable for the accident. They also know the statute of limitations for premises liability cases. This deadline varies by state.

An experienced lawyer makes a huge difference in achieving a fair outcome for you.

How To Hire a Slip and Fall Lawyer

When hiring a lawyer for your personal injury claim, start with a recommendation. Ask your family and friends for their suggestions. You can also ask a lawyer you know and trust for ideas on who to hire to handle your personal injury case. LawInfo’s directory of lawyers is also an excellent place to start. You can also ask your local or state bar association for accident attorney recommendations. 

Once you’ve got a name or a short list of names, check that the lawyer is in good standing in the state where the accident happened. Check their bar status to see if they’ve been sanctioned or disciplined. 

If your list of lawyers passes that check, schedule an appointment to review your case. Be sure to ask how they handle expenses. Many personal injury law firms offer free case evaluations. So you don’t have to pay to see them. Lawyers also take cases on a contingency fee basis, so you don’t pay anything upfront. The law firm collects its legal fee if it wins the case.

Some law firms pay expenses as the case proceeds. You reimburse them only if you win. Other law firms, though, might ask that you pay the expenses regardless of the case outcome or that you pay expenses as the case proceeds.

Ask about their experience handling slip and fall cases and dealing with the insurance adjuster. Some insurance companies are easier to deal with than others.

Last, consider whether you feel comfortable working with the lawyer.

What To Expect During Your Slip and Fall Claim

While each case is unique, most slip-and-fall lawsuits follow a similar path. Here’s what to expect at each stage.

1. Once hired, your lawyer starts reviewing the facts of the case and gathering evidence. This includes discussing the circumstances of the accident, the extent of your injuries, and any available evidence.
2. After gathering the necessary evidence, your lawyer will send a demand letter to the property owner’s insurance company. If insurance isn’t available, they’ll send it directly to the property owner. This claim outlines the details of the accident, the extent of your injuries, and the compensation you seek.
3. Negotiation and settlement talks generally follow the demand letter. The property owner or the insurance adjuster may respond by accepting, denying, or countering the claim. Settlement talks may take weeks or months. Many slip-and-fall cases are resolved through negotiations before going to court. However, if negotiations fail, your lawyer may recommend moving forward with a lawsuit.
4. After filing the lawsuit, the discovery process begins. Discovery is a pre-trial phase where both sides exchange information, documents, and evidence. You can settle the claim during this stage if the other side makes a fair offer.
5. If the case proceeds to trial, both sides present their arguments to the judge or jury.

Throughout the legal proceedings, having a qualified slip-and-fall attorney by your side can ease the process. It can also improve your chances of a positive outcome.

Gain Peace of Mind With a Lawyer

If you’re dealing with a slip-and-fall accident, legal representation is essential. It’s vital if it involves medical attention and serious injuries like broken bones, head injuries, and traumatic brain injuries. A premises liability lawyer can provide valuable legal advice.