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by Talia Pfeffer 7 min read

Do you need an attorney for a slip and fall case?

All of this information is critical to ensuring you get the compensation you need to recover from a slip and fall injury. Although slip and fall cases can be challenging depending on the circumstances, an attorney can offer the expertise required for a successful recovery. Contact our offices today for a free consultation on your case.

What will my lawyer do after a falls accident?

The first thing your lawyer will do is investigate exactly how your injury occurred. Falls happen very quickly, and many people do not understand exactly how they went from walking down a store aisle (or walking down a flight of stairs) to being on the ground and injured.

Who is liable for slip and fall injuries in commercial properties?

Thousands of people are injured each year when they trip, or slip and fall on an icy sidewalk, an uneven floor, a flight of stairs, or a rough patch of ground. In some cases, the property owner or manager may be held liable if they knew about the situation prior and did nothing to fix or remedy the hazard.

Can I represent myself in a slip and fall case?

But most slip and fall cases aren't suited for self-representation, for two main reasons. First, fault for a slip and fall accident isn't usually clear, and property owners (and their insurers) aren't in the business of accepting legal responsibility for an accident unless liability is obvious.

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What do you do if you slip on the floor?

Take a few minutes to check your body for any pain or injuries, then:if you're not hurt, try to get up from the floor.if you're hurt or unable to get off the floor, call for help and keep warm and moving as best you can while you wait.

How do you write a demand letter for a slip and fall?

Your demand letter should include:Statement of Facts: Describing the circumstances just before, during and after you were injured.Liability: Explain why the evidence shows the insured is directly responsible for your injuries.Injuries: Describe your injuries, emotional distress, and pain and suffering.More items...•

What is considered a slip and fall?

"Slip and fall" is a term used for a personal injury case in which a person slips or trips and is injured on someone else's property. These cases usually fall under the broader category of cases known as "premises liability" claims.

How do you treat a slip and fall injury?

An array of treatment options for fall-related injuriesThe RICE approach: rest, ice, compression, and elevation of the injured part of our body.Over-the-counter and safe prescription pain relievers.Anti-inflammatory medications.Physical therapy.Casting or splints.Two types of traction for fractures: skin or skeletal.More items...

How do I write a letter of compensation for an injury?

Your demand letter should include:Statement of Facts: What happened before, during, and after you were injured.Liability: Why the evidence proves the store was at fault.Injuries: Describe your injuries and how they affected your life.Damages: A list of the dollar amounts of your damages.

How do you write a demand letter for a personal injury?

How Do You Write a Demand Letter?DON'T Write War and Peace.DO Highlight Unique Facts About Your Case.DON'T Send the Demand by Certified Mail.DO Differentiate Your Case.DON'T Make a Specific Settlement Demand.DO Demand Policy Limits.DON'T Go Over-the-Top.DO Make Clear the Case Will Not Settle Unless…More items...

What do slip and fall lawyers do?

A lawyer can investigate your case to determine and demonstrate liability on the part of the property owner. They can assess the cause of your fall and determine if the owner or manager of the property contributed to the circumstances or if it was an accident that was unavoidable.

How long do you have to report a slip and fall?

Three yearsSo what are the personal injury claim time limits for each type of case?Accident TypeHow long do I have to make a claim?Slip, Trip, Fall AccidentThree years from the accident or injuryMedical NegligenceThree years from the date of the cause of injury or the date of knowledge of the injury4 more rows

What injuries can you get from falling?

What Injuries Can You Get From a Fall?Traumatic brain injury.Strains and sprains.Broken or fractured bones.Spinal injuries.Bruises and cuts.Stretched or torn tendons and ligaments.Dislocated shoulders.Injured tailbone.More items...

How long after fall does pain start?

Although fall-related incidents also run the risk of leaving a person with back injuries, one might not start to feel tightness or pain in this region until hours or days later.

What are the most serious consequences of a fall?

The most serious consequences of a fall are severe injuries, the risk of fall-related anxiety, and financial instability due to medical bills and lost wages.

When should you see a doctor after a fall?

However, if pain from a fall persists beyond a few hours or you are unable to bear weight or move an upper extremity without pain, be sure to get evaluated by a physician. If the fall should cause a broken bone with skin disruption, get emergency care immediately.

What does a lawyer do when you fall?

The liability investigation will also incude review of applicable state, federal, and local laws to determine if property conditions violated any statute or regulation.

What is the purpose of a slip and fall case?

An attorney's first job in a slip and fall case is to get the attention of the defendant and the insurance company , who might not take a self-represented claimant all that seriously.

Do slip and fall cases require a contingency fee?

In a slip and fall case (as with most personal injury claims) lawyers almost always work under a contingency fee agreement, meaning the lawyer takes his or her fee for representation out of any settlement or jury award you receive. If you don't receive money, neither does your lawyer. Learn more about the cost of hiring a personal injury lawyer ...

Can you make a slip and fall claim on your own?

You're probably fine making an injury claim on your own after a minor car accident where the other driver is clearly at fault, as long as you're comfortable doing so. But most slip and fall cases aren't suited for self-representation, for two main reasons.

Can a lawyer establish fault for a slip and fall?

A Lawyer Can Establish Fault For Your Slip and Fall. In order to get your slip and fall case in a position to reach a fair settlement or go to trial, you and your lawyer have to be ready to prove that, more likely than not, the property owner was negligent, and that that negligence played a big part in causing your injury.

Why do you hire a slip and fall lawyer?

One benefit of hiring a slip and fall lawyer is that they can advance the money necessary to build a strong case. For example, the success of severe injury claims often hinges on expert testimony, and experts are expensive.

Do you need legal representation to settle an insurance claim?

You don’t need legal representation to accept an insurance settlement. You can accept the first offer provided to you by the insurance company. However, it doesn’t mean that you are getting a full and fair settlement.

Do insurance adjusters take slip and fall victims seriously?

Slip and fall victims who have legal representation are taken seriously by insurance adjusters. They know that the chances of getting you to settle for less are slim when you have a good lawyer.

Can a slip and fall case be settled without evidence?

Claims without sufficient evidence will not result in a favorable settlement. Slip and fall lawyers know what evidence is necessary to prove the elements of negligence in your case. Your attorney can get to important evidence you won’t be able to get on your own.

Can an insurance adjuster speak to you without an attorney?

Once a lawyer represents you, the insurance company and adjuster can no longer speak to you without going through your attorney. They still have the right to seek information from you and ask questions, but they must get the answer from or through your lawyer. If they wish to speak directly with you, your lawyer must approve it and represent you during the conversation.

What to do if you have a slip and fall?

If you have been injured in a slip and fall, contact a personal injury attorney as soon as possible. A qualified lawyer can help guide you through how to document your physical injuries effectively. They are familiar with what a jury needs to see to understand your injuries and suffering.

What are the types of injuries that can be caused by a slip and fall?

Slip and fall accidents cause many types of injuries including: Broken bones. Sprained ankles or wrists. Knee damage.

What happens if you fall on your wrist?

Sprained Ankles or Wrists. During a fall, you might make an unusual or uneven step. You might also put your arms out to try and cushion the fall. When the ligaments in your wrist or ankles tear during a fall, you may receive a sprain or a strain.

What percentage of falls are slip and fall accidents?

Of those falls, roughly 12 percent are slip and fall accidents. When you slip and fall, there’s a five percent chance that you’re going to break a bone. A slip and fall accident causes severe injuries in 20-30 percent of cases. Falls are the most common cause of brain injuies and hip fractures.

Can you walk with a sprain ankle?

You may not be able to type, cook or button a shirt. With an ankle sprain, you may not be able to walk.

Is a slip and fall a negligence claim?

A slip and fall is a negligence claim. To have a negligence claim, you must satisfy all of the elements of the claim. One of the elements is damages. Without injuries, you haven’t met all of the steps to bring a claim. As the saying goes, no harm, no foul.

Can a slip and fall cause nerve damage?

The spine and nerves are fragile. In a slip and fall, nerve damage can result from direct trauma, from stretching or from cuts. Nerve damage may be permanent, or you may be able to recover with treatment.

What should the property owner have known about the dangerous condition?

The property owner should have known about the dangerous condition and should have taken steps to prevent injuries, as a "reasonable person" would have done. That the property owner created the dangerous condition which led to the accident. Liability is often decided by common sense.

What happens if you sue and go through a trial?

If you sue and go all the way through a trial, the jury will assign a value for your pain in the award, assuming you win. Every case is different, but the general rule is the greater the injuries and their impact on your life, the greater the compensation for pain and suffering.

What is premises liability?

Premises liability law covers slip and fall and other types of accidents caused by dangerous conditions on someone else's property. In order for a property owner to be held legally responsible for injuries sustained by an individual slipping and falling, one of the following must be true: 1 That the property owner knew about the dangerous condition and did not attempt to correct it 2 The property owner should have known about the dangerous condition and should have taken steps to prevent injuries, as a "reasonable person" would have done 3 That the property owner created the dangerous condition which led to the accident

Can a business be sued for a commercial injury?

If you were injured in a commercial location – like a store or mall – the business can be sued. In a residential location, the homeowner ( or rather, their insurance) should pay. If you were injured at work, a workers compensation claim is almost always the exclusive remedy.

Can a property owner be held liable for a slip and fall?

In some cases, the property owner or manager may be held liable if they knew about the situation prior and did nothing to fix or remedy the hazard. Slip and fall accidents can occur in department stores, people's homes, hotels, shopping malls, and many other locations. If you were injured in a commercial location – like a store or mall – ...

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