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No one likes to slip and fall, and sometimes those slips can cause costly injuries. It can be more frustrating when the slip wasn't your fault but was instead caused by an issue on the premises, such as a wet floor that wasn't properly marked or uneven pavement. If you have been hurt in such an accident, you may have the basis to file a claim against the owner on the grounds of slip and fall premises liability. A slip and fall lawyer can help you evaluate your case and seek a settlement from your injury claim to cover your medical bills and potential lost wages.
Premises Liability in Slip and Fall Accidents
People have a duty of reasonable care to keep their properties appropriately maintained and safe for anyone who visits the premises. That means if you slip and fall on someone's property due to their neglect of the premises, you can hold them liable for your injury. Common causes of slip and fall accidents that can lead to a premises liability claim include:
- Loose flooring
- Slippery floors
- Uneven pavement
- Poor maintenance
- Obstructions on the floors or ceiling
These are all issues that could make those walking on the premises susceptible to slipping and falling. They also tend to be easily preventable when the business owners or property managers take reasonable steps to avoid them.
How a Slip and Fall Lawyer Can Assist You
When you are involved in a slip and fall case, you may either file a claim with the property owner's liability insurance or sue the property owner for damages. Legally, injured people don't need an attorney in order to begin their case, but a slip and fall lawyer is always recommended when dealing with the responsible party. Here are the ways that an attorney can help in your slip and fall case.
Evaluating the Merits of Your Slip and Fall Case
Typically, your working relationship with an attorney begins with a consultation. You will discuss the circumstances of your case with them, as well as bring any documentation that supports your case. Your attorney will evaluate the particulars of your slip and fall case and tell you what they can do for you. Are you likely to win a jury verdict or a decent settlement? Are there any precedents or laws in place that might help you? What are your rights? Your slip and fall lawyer can help answer these questions.
Gathering Evidence To Support Your Claim and Establish Liability
Once the attorney agrees to take on your case, they will gather evidence to build it. This includes your documentation of the injury and any medical bills or incident reports. They may bring in expert witnesses to support your claims, as well as research past legal precedents that might be relevant to your case. They will need to be able to prove that the property owner was negligent in their duties and that this is what caused your injury.
Negotiating With Insurance Companies and Pursuing Fair Compensation
Ideally, when you file a claim with insurance companies, they look at the facts and award you the money you request. But remember that insurance companies are a business, and that for their bottom line, they'd rather not pay you. That's why insurance adjusters will often attempt to twist your words or manipulate your story to get out of providing compensation.
Your slip and fall attorney can handle all negotiations with insurance adjusters in order to advocate for your rights. The slip and fall attorneys at Commonwealth Law Group are experienced when it comes to the tricks that insurance adjusters might pull. They know what to expect, so they can effectively advocate for you.
Proving Negligence in Slip and Fall Cases
In order to prove negligence in a slip and fall case, the injury victim must be able to prove that:
- There was an unsafe condition on the premises
- This dangerous condition was caused by a negligence or breach of duty of care by the at-fault parties
- The hazardous conditions caused the slip and fall or the negligence directly led to the slip and fall
This can be tricky. It's one thing to prove that there was negligence, but another to connect the negligence to your accident. Fortunately, your attorney will be experienced with this element of building your case. Through discovery and other research, they can establish negligence and show the ways that it led to your accident. By building a strong case, they can increase the chances that you will receive a larger settlement or award at trial.
The Potential Outcomes of Slip and Fall Cases That Go to Trial
Many prefer to settle in slip and fall cases because it takes less time and effort. If the insurance company provides a satisfactory offer, you may be able to settle your case without ever going to trial. However, if the insurance company fails to provide a satisfactory settlement, your attorney might advise you to take the case to trial.
In a trial, the case will be heard before a jury that will determine the verdict while the judge oversees the proceedings. The good news is that while the process is lengthier, verdicts tend to be larger than settlements. Settlements are just that: "settling" for a lesser amount so that you don't have to go to trial. In a trial, you can sue for the full amount of compensation that you are owed, and the jury just might be willing to grant it.
Choose the Right Slip and Fall Lawyer for Your Case
It all comes down to having the right slip and fall lawyer. At Commonwealth Law Group, our law firm handles personal injury claims as well as workers' compensation and civil rights. We have the experience and the passion to help you pursue the compensation you deserve in a premises liability lawsuit. Contact Commonwealth Law Group today to learn more or to schedule a free consultation.
If you have been injured at work or through the negligence of another individual or entity, contact us at (804) 999-9999 or or use the form below to connect with our legal team. We will fight to get you the justice you deserve.