You may require a slip-and-fall attorney if you slip and fall on ice cubes from a spilled drink in a restaurant and break your leg. The injuries of slip and fall accidents are normally caused by someone else’s negligence, mistakes, or carelessness. In the above case, to avoid the case proceeding the restaurant servers would clean up the mess. Serious injuries take time and effort to obtain a case victory.
In this difficult time, a slip-and-fall lawyer can help and assist you. They will handle every aspect of the case so that you can concentrate on healing from your injuries. A slip and fall injury attorney will know exactly whom to connect with and how to negotiate to recover compensation for your medical expenses, any lost wages, and your pain and suffering.
Legal Principles Involved in Slip and Fall Cases
Generally, slip-and-fall cases fall under premises liability law. This law holds property owners responsible for maintaining safe conditions on their premises. To successfully file a slip-and-fall claim, the complainant needs to prove four elements.
Duty of Care
For many years, it was the legal duty of any homeowner or property owner to keep visitors safe. The duty varies depending on the visitor’s status, which could be invitee, licensee, or trespasser.
Breach of Duty
If the owner didn’t fulfill their duty of care, this failure can take various forms, including failing to mitigate an obvious danger or warning those using the premises of any impending dangers.
Causation
The failure of duty caused the injury and accident of slipping and falling. A victim can file a lawsuit and show proof of unsafe conditions to be the cause mainly responsible for his injuries.
Damages
The accident caused the plaintiff actual damages, which include medical expenses, loss of wages, pain and suffering, and emotional trauma.
The Role of a Slip and Fall Attorney
A slip and fall attorney with expertise in presenting clients cases who have been injured and suffered due to unsafe conditions on someone else’s property. Their primary function includes:
Case Evaluation
An attorney will examine every detail behind the accident to determine whether there may be a valid claim. This examination can include medical records, accident reports, and any other evidence available.
Gathering Evidence
Solid evidence can differentiate between winning and losing in slip-and-fall cases. The slip-and-fall injury attorney will collect evidence related to photographs of the fall place, statements from witnesses, and maintenance records for the property.
Establishing Liability
Liability must be essential in slip and fall cases. When lawyers took cases, he tried to demonstrate the property owner must have been aware of dangerous conditions and failed to act.
Negotiating with Insurance Companies
Most slip and fall injury cases are resolved in negotiations between the attorney and an insurance company. Lawyers negotiate on behalf of the client and ensure clients get fair compensation for their injuries.
Litigating When Necessary
However, when a settlement cannot be reached, a lawsuit may need to be filed on behalf of the client. The attorney will represent the client in court, bring evidence, and then present arguments in an effort to obtain compensation.
How to search for a slip and fall attorney near me
Sometimes these accidents occur in the workplace, including businesses in other people’s private residences. Without any fault on your own when you slip and fall you might be eligible for medical expenses and other compensation. But if your property owner couldn’t prevent you from slipping and falling, you should contact a slip and fall attorney near me to see what options you have for recovering expenses you may have incurred.
Most people hesitate to seek the services of an attorney after an accident due to the cost of a slip-and-fall attorney. Remember that attorneys are hired through two different pay structures. Some lawyers work by the hour, while others work on a contingency fee basis. This means they wouldn’t get a fee until you win your case. A lawyer will take a percentage of the entire compensation package. If you lose the case and get nothing, your lawyer will get nothing. When you hire your lawyer, any payment you are liable for is written out in a contract. Make sure that you pay anything before your lawyer starts work for you.
Online Search
When searching for an expert slip-and-fall attorney near me, ask your friends and family if they know a good attorney. If they enable you to suggest, you can search for local attorneys through some online sites and read reviews from former clients. Then, build a list and pick a few of them that may be a good fit for your case. Contact them to arrange a time to come in and meet for a free consultation. Many attorneys will provide a free initial consultation to analyze your case and explain all the options available to you. Personally, meetings with slip-and-fall lawyers will give you a good idea of who can best help you. As well as allow them the chance to answer any questions you may have in respect to your situation.
Ask People You Know for Referrals
Previously, if you have never hired an attorney but you’ve probably dealt with attorneys in the past. Therefore, utilize your network that help you pick an attorney. Someone handles with an estate planning lawyer or a real estate lawyer. They probably know other attorneys within their community who they trust.
Professional organizations like the local bar association also help you in to get a referral for an attorney. These are useful resources to find the right attorney to assist you with your slip-and-fall case.
Make Sure Your Lawyer Has Experience With Slip-and-Fall Cases
Slip-and-fall cases are considered to refer under the category of premises liability or tort law. Premises liability applies when you fall on someone’s property and are not at work.
You should choose a slip-and-fall injury attorney who is experienced in dealing with slip-and-fall cases similar to yours. Also, one has to ensure that one’s lawyer has experience in settling cases that have been out of court since it is difficult to know beforehand how the case will be resolved.
Compensation for Slip and Fall Injuries
Depending on the circumstances, victims of slips and falls may be able to recover damages for their hospital costs and much more. Some examples of recoverable damages in slip and fall cases include the following:
- Medical costs, past, present, and future;
- Wages lost during the past and the future;
- Impaired earning capacity;
- Costs of care current or in the future;
- Pain and suffering;
- Mental anguish; and
- Impairment of the enjoyment of life.
The main factor determining the compensation amount will be the extent of injuries and how these will affect the person’s life in terms of working and daily routines. A slip-and-fall attorney will help their client properly assess the case and the plausible recoverable damages.
How Long Do I Have to File a Slip and Fall Lawsuit?
Like every other personal injury claim, slip-and-fall claims have a specified time limit for filing in court.
Other statutes of limitations refer to the time limits for filing a lawsuit; however, the expiration date varies by state, but it is likely to mark the last time you could take action legally.
Most states provide a 2-3-year period from the date of accident for filing a lawsuit. However, in some states, the period remains as low as 1 year
Frequently Asked Questions
Q1. What does a slip and fall lawyer do?
A slip and fall attorney specializes in helping those injured by hazardous conditions on someone else’s property. The attorney makes legal claims against a defendant to win compensation for injuries and losses.
Q2. How do I know if I have a valid slip and fall claim?
To have a successful case, you must establish the property owner’s negligence on the unsafe conditions that led to your accident and injuries. Consult an attorney to review your case.
Q3. What kind of compensation can I receive?
Various damages awarded to victims include medical costs, lost wages, pain and suffering, emotional distress, and other damages resulting from the slip and fall accident.
Q4. How long do I have to file a slip and fall claim?
The statute of limitation for a slip and fall case varies in each state. It is usually between one and three years, and you should contact an attorney in timely fashion so that you do not miss the deadline.
Q5. What are the attorney fees for a slip and fall case?
Many slip and fall lawyers work on a contingency fee basis, meaning you pay only if you win your case. Contingent fees are usually a percentage of the settlement or award amount in your case. Be sure to discuss it at your first consultation.
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