Certain types of personal injury don’t necessarily require a lawyer’s help. It’s fairly straightforward to make an injury claim after a minor car accident, for example, where the other driver is clearly at fault and there is an established process to follow. In most slip and fall cases, however, representing yourself is not the best approach for two reasons. First, in slip and fall accidents it is often not obvious who is at fault; property owners (and their insurers) won’t accept legal responsibility for an accident unless liability is clear. Second, it’s also a common tactic for defendants’ attorneys to argue that the plaintiff’s injuries (and hence damages) aren’t as severe as they claim.
A slip and fall attorney will first and foremost get the attention of the defendant and their insurance company who otherwise might not take a claimant that is representing themselves seriously. These cases usually boil down to liability and damages and an attorney’s expertise can be crucial in getting the right settlement.
In order to get a slip and fall case to a position where the defendant is prepared to make a fair settlement or will go to trial, you and your attorney must be able to prove that, on the balance of probabilities, the property owner was negligent and the negligence caused or contributed to your injury.
Your attorney will investigate the facts to determine exactly how your injury occurred. Falls can happen very quickly, and people fail to see how they went from walking down a store aisle (or walking down a flight of stairs) to finding themselves on the ground and injured. Once the facts of the incident have been determined the attorney has to determine whether the defendant is legally responsible for the circumstances that led to your accident.
A good attorney will examine the scene, discuss all of the possibilities and determine exactly why and how you fell. This liability investigation will also review applicable state, federal, and local laws to determine whether property conditions violated any applicable statute or regulation. Your attorney may also retain experts to bolster their legal position.
Proving the nature and extent of your injuries and other damages can be a complex undertaking. It is not just a matter of saying, ‘I suffered this injury and couldn’t work for two months.’ An attorney will help you properly document lost income and obtain and organize all relevant medical records and bills to support your case. In addition, there’s the separate (and often crucial) component of assessing and substantiating non-economic losses such as pain and suffering and other impacts on your life and this is where a slip and fall attorney can offer invaluable advice.
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