A slip and fall injury case arises when the plaintiff files lawsuits against property owners or their insurance company. They claim for the injury caused due to a slip or fall accident.
Slip and fall incidents can occur while you are at work or in hotels. However, it is difficult to prove the responsibility of the slip and fall injury case. The defendants usually argue against such cases stating the lack of liability or injuries (damages) caused to the plaintiff as minor.
Therefore, representing your case without the help of an attorney can make it a lot tricky. With an experienced attorney by your side, the parties involved in the case, i.e., the defendant and their insurance company, take the case more seriously.
Even with the help of an attorney, a slip and fall injury case should have sufficient evidence to claim for the injuries and damages caused.
Here are some of the ways in which a lawyer can establish fault in a slip and fall injury case:
Proving The Defendant Negligent
To prove the fault of the property owner in a slip and fall injury case, it is essential to highlight the fact that the accident was caused due to the negligence of the property owner. The lawsuit is filed for claiming for causing bodily injury due to negligence.
Investigating On Plaintiff’s Injury
Deeply examining how the injury is caused in a slip and fall injury case can also make a huge difference. Did you slip and fall from the stairs or because the floor was wet? The reason for the slip and fall and recalling how it all happened can help the lawyer determine the fault.
Know if you missed the step by walking down the stairs while you fell? Or if the hand railing was not steady to prevent your fall? Were you carrying something or distracted that caused your fall? Remembering every moment can help you make your case stronger.
A good lawyer will make you recall it better by asking you the right questions.
Conducting Liability Investigation
If no such thing has yet been performed, ask for a liability investigation in the premises you fell. A liability investigation is done to ensure the property owners are not violating the state, federal or local laws related to their business.
If yes, this can act as good proof in proving your point at the court.
Prove The Losses Caused By The Fall
Next, a good lawyer won’t leave a chance in proving all the losses/damages caused due to the slip and fall accident. Stating the losses caused along with the explanation/extent of your injuries is essential, not just through words but also through the proper paperwork.
Along with your lawyer, you should work upon the losses caused, i.e., the loss of income due to absence from office work. You can prove such loss through the employment records of the plaintiff. Above this, the lawyer should also gather all the medical bills and records, be it x-ray reports, hospital bills, medicine receipts, etc. The lawyer should at least be able to present a clearer picture of all monetary losses caused due to a fall.
Also, don’t forget to consider the non-monetary losses, i.e., the pain and suffering caused due to the accident. There are ways in which such losses are calculated and account for how many days such pain and suffering persisted. It is the duty of the lawyer to present such damages and ask for the compensation amount accordingly.
The probability of not receiving any claim in slip and fall injury cases is higher. Do you have to pay your lawyer even if he fails to get the settlement?
To inform you, lawyers in slip and fall injury cases work under a contingency fee agreement. This means the lawyer will only be given his fee when the jury gives any reward or some amount of settlement is made. If no compensation is received from the lawsuit, the lawyer gets nothing.
Make sure you know about such an agreement before hiring a reasonable attorney for your slip and fall injury case. Also, hiring an attorney is your best bet when it comes to these cases to reach a fair settlement. Self-representing your case may dim such chances.
To learn more about slip and fall injury cases and if you stand a fair chance to get the settlement, contact our expert attorneys today. We will analyze your situation and guide you in the best way possible. Contact us today to learn more.