Slip and fall accidents can happen to anyone, anywhere, and at any time. Whether it is a wet floor in a grocery store or a poorly maintained sidewalk, these accidents can result in serious injuries that require medical attention and may even impact your ability to work and enjoy life to the fullest.
Some of what you have heard about slip and fall cases may scare you. Of course, insurance companies want you to think that these cases are nearly impossible to win. You may find many challenges in a slip and fall case that you will not encounter in other personal injury claims. However, the law is abundantly clear: If you prove that the other party was negligent and caused your injuries, they will have a legal obligation to compensate you fully.
Still, their insurance company will pay you very little respect if you approach it on your own, and there is nothing that can force them to fully pay you if you do not have a slip and fall accident attorney representing you. Insurance companies will want to goad you into suing them, knowing that you may not know the legal process. All that changes when you hire a slip and fall lawyer to represent you. Not only do you have someone who can help you build your case, but you also have the legal muscle to fight the insurance company every step of the way.
The Legal Standard in a Slip and Fall Case
Like every other personal injury case, you must prove that someone was negligent to receive a settlement check. Negligence means that someone owed you a duty of care and then breached that duty by doing something unreasonable under the circumstances. Then, you must also prove that you suffered an injury that may not have occurred had it not been for the other party’s actions. It can be challenging to carry your burden of proof in any personal injury claim, and it can be even more complicated when your claim involves a fall. Nevertheless, it is possible. An experienced lawyer knows how to build a strong case on your behalf and will have the knowledge to handle the legal complexities.
Insurance Companies Impose a Very High Burden of Proof on You
Insurance companies are very jaded regarding slip and fall cases because it is in their financial interest to be that way. Every year, millions of people suffer an injury in falls. If a fraction of these fall injuries occur on the property of another, and they involve fault, insurance companies are looking at a large tab if they paid every claim. When insurance companies know that their policyholder is to blame for the accident, they may still be highly stringent, denying any claim that does not have persuasive proof of liability.
Even though personal injury claims rely on the preponderance of the evidence standard (which is akin to a 51 percent chance that the facts behind your case are valid), insurance companies take a much stricter approach because they can. They may not admit liability in your claim unless your evidence clearly shows that their policyholder was at fault for the accident.
Slip and Fall Evidence May Be Hard to Come By at First
Gathering the evidence you need to prove a slip and fall claim can be challenging. Much depends on whether you took pictures at the scene of the accident. However, it may be difficult to document the scene of your own accident, especially when you have been dealing with serious injuries. You may not have recorded or documented what happened when you received medical treatment for your injuries, and you may not have been at the scene long before going to a local hospital for treatment.
The hope is that you have third-party witnesses who saw what happened to you or the scene immediately before your accident. Again, speaking to people and obtaining their contact information may have been challenging when you suffered injuries at the scene. There may be an accident report that a police officer filed with the contact information of potential witnesses, or a witness may have given you their phone number at the scene because they know you intend to file a legal claim. Either way, you should never draw an assumption that there is a ready witness who can testify on your behalf. You may need to try to locate a witness and obtain their recollection.
You Need Proof That Can Contradict the Property Owner’s Story
If you are dealing with a case where it is your word against the property owner’s, you are fighting a losing battle. You need something to break the tie and move the facts in your favor before receiving a settlement offer. However, it may be difficult for you to obtain the evidence on your own. Insurance companies may deny your slip and fall claim and force you to fight, especially when they see that you do not have a slip and fall lawyer representing you.
When you hire a slip and fall attorney for your case, they can conduct the investigation that you need to uncover evidence that helps prove your case. You cannot wait an extended time to hire a slip and fall attorney because accident scenes and trails of evidence can grow very “cold” quickly. Your slip and fall attorney has a tight window of time to act on your behalf. If you wait too long to get legal help, there is very little chance that you can prove your slip and fall case to the satisfaction of the insurance company or a jury.
How a Slip and Fall Lawyer Can Help Build Your Case
When you hire a slip and fall lawyer, they can take various steps to strengthen your evidence of negligence. Even before you file a claim or lawsuit, a slip and fall attorney can show up at the scene to investigate further and gather evidence. They can also pursue any available leads to further your case.
You may need to file a slip and fall lawsuit in court. You will undoubtedly need to begin a court case if the insurance company denies your claim because that is otherwise the end of the line for the legal process. You will need a jury to order the insurance company to pay compensation if it will not willingly do so.
The Discovery Process Can Be Invaluable in Strengthening Your Case
If you file a lawsuit, your slip and fall accident lawyer has various means at their disposal to build a possible case. In any lawsuit, your personal injury lawyer can request evidence in the other party’s hands and use it to help your case. Hopefully, you hired a slip and fall lawyer early in the process who directed the responsible party to preserve all evidence before a potential lawsuit.
There may be evidence that the responsible party can turn over to you that may strengthen your lawsuit. The most important piece of evidence in a slip and fall case is video camera footage. Many businesses have security cameras that can record footage; there is even a chance that their camera captured your slip and fall accident. However, the responsible party may not preserve this evidence for long unless their lawyer directs them to do so. If a slip and fall attorney sends a litigation hold letter, the defendant can be in serious legal trouble if they fail to preserve the evidence.
In addition, your slip and fall lawyer can obtain maintenance and inspection logs that show what the property owner may or may not have done at the scene immediately before your accident. You may get proof that the property owner did not conduct regular inspections or document the maintenance steps they took to fix any issues. You can even prove that the owner did not regularly inspect the property or respond to any reports of dangers.
Depositions Are a Key Part of a Slip and Fall Lawsuit
In addition, your slip and fall accident lawyer may speak with the property owner or those who may have been responsible for maintaining the property. Your attorney can conduct depositions in your case, hear from the responsible parties in their own words, and get evidence that you can use to build your case at trial. Your slip and fall accident lawyer can question witnesses from the other side and lock down their trial testimony.
Insurance Companies Try to Downplay Your Injuries
Then, you may also have to fight to persuade insurance companies of the severity of your injuries. Otherwise, they may offer you only a fraction of the money you deserve for your injuries. You also have a burden of proof to demonstrate your injuries; thus, insurance companies demand proof of the exact nature of your damages. Even still, they may try to trivialize what happened to you by saying that it was “just a fall,” although they know full well that you have likely suffered a severe injury because their medical experts can see that from your records. Insurance companies have a financial incentive to downplay your injuries because they will otherwise need to pay you.
Your Compensation Must Be Adequate to Pay Your Damages
Obtaining a check for your slip and fall injuries is not necessarily a win because your settlement may be nowhere near enough to pay you for what happened. Insurance companies will not want to pay for all of your injuries, and they will make it as difficult as possible for you. A slip and fall accident lawyer can fight the insurance company on your behalf to get you every dollar that you deserve, but it will take work. An attorney can evaluate your case and assess the potential compensation you may deserve, ensuring you do not settle for less than what you deserve. If the facts and law are on your side, you have a legal right to the money.
If insurance companies are trying to play hardball with you, it is possible to fight them right back. You can pursue a gloves-off litigation strategy that can force the insurance company to pay up in your case. Although slip and fall cases are difficult to prove to a jury and win, it is entirely possible when the evidence is in your favor. The key is having a slip and fall accident lawyer to help you reach that point. With a slip and fall attorney, you have a good chance of investigating your accident and winning.
Get Legal Help from a Slip and Fall Lawyer Now
The best thing that you can do to be in a position to win your case is to contact a personal injury attorney immediately after your injury. Time is not your friend in a slip and fall case, and inaction can compromise your chances of success. If you have yet to contact a slip and fall lawyer, now is the time to schedule a free initial consultation.
Slip and fall lawyers work on a contingency fee basis, meaning they only get paid if they can secure a settlement or win your case in court. This fee is typically a percentage of the final settlement amount, which means the lawyer has a strong incentive to fight for your best interests and get you the compensation you deserve.
By working on a contingency fee basis, slip and fall lawyers remove the financial concerns that often prevent accident victims from seeking the legal help they need. Without worrying about paying expensive upfront fees, you can focus on your recovery and let the legal professionals handle your case.
If you have been in a slip and fall accident, seeking the assistance of a lawyer is best. They will guide you through the legal process, help prove liability, and ensure you receive fair compensation for your injuries and damages. Remember, you do not have to face this challenging situation alone – reach out to a slip and fall accident lawyer and let them advocate for your rights and best interests.
