Men and women do not need to hire an attorney if they are injured in a slip and fall accident. The courts allow victims to file a personal injury claim or lawsuit without assistance. The victim can negotiate a settlement or represent themselves in court. There’s nothing stopping them from doing so. However, most people find hiring an attorney benefits them greatly. Victims face the property owner, their insurer, and the attorneys they bring in to represent them, and doing so can be difficult without help.
Proving a slip and fall claim is challenging for a variety of reasons. People often find it hard to show fault, and the owner may place blame on the victim. Although 60 percent of individuals today choose to represent themselves in civil court cases, doing so puts them at a disadvantage. For this reason, it’s best to hire an attorney. For more information click here.
Slip and Fall Accidents
Slip and fall accidents occur in a variety of places. A person may be shopping and slip or be in a restaurant and have an accident. Parking garages, apartment buildings, hotels, and apartment buildings serve as other potential sites for these accidents. Why are they such a concern?
This type of accident can lead to severe injuries, some of which may be permanent. For example, a person might suffer a brain injury that leaves them disabled for life. If the property owner failed to maintain the property and this led to the injury, the victim might sue them for compensation for medical bills, lost wages, and more.
To successfully hold them accountable, the victim must prove they were negligent and this negligence led to the injuries. Furthermore, they must provide proof of damages. Doing so often requires the use of expert witnesses. An attorney helps establish this proof and ensures no detail is overlooked. This allows the victim to focus on their recovery.
The Attorney’s Role
The attorney takes on several tasks on behalf of a client. They provide legal advice to the client and can recommend which steps to take to get justice and compensation for the injuries. They work with the victim to establish the property owner’s negligence, which remains a challenge in many of these cases. This proof must conclusively show their culpability and the victim must have evidence to back it up. The lawyer knows the level of proof needed and will ensure the client meets this level.
Individuals must show monetary damages to the court in a slip and fall case. However, calculating the true extent of the damages can be a challenge. Victims often overlook certain expenses, such as any in-home services they must use because of their injuries. The attorney helps the client determine all that may be included in terms of past, current, and future expenses to protect the victim from any losses due to the responsible party’s negligence.
Some victims find the other party wishes to settle out of court. They often provide a low offer hoping the victim will accept it to finalize the case. The attorney knows how much the case is worth and becomes of great help in negotiating a fair settlement on behalf of the victim. Although the victim has the final say on which offer is accepted, the attorney provides advice throughout the process to ensure the settlement offer meets the victim’s needs.
A slip and fall case may end up in court if the parties fail to come to an agreement regarding the settlement. Some victims choose to give up if they can’t reach an agreement, as they don’t want to go to court. Other men and women discover their case is dismissed when it reaches this stage, or the victim might lose in court if they handle the case alone.
The attorney handles all aspects of filing the case, ensuring deadlines are met and all documents are in order. They speak on behalf of the victim in court and make certain all court rules are followed. Although an attorney isn’t required, most people find one to be of great benefit at this time.
One reason a person might hesitate to hire an attorney for their slip and fall case involves money. They have medical bills piling up and worry about paying a lawyer. Most attorneys in this field work on a contingency basis, which means they only get paid if they win the case. For this reason, every victim should speak to an attorney and learn what expenses they will be responsible for if the case is lost and how much they will owe the lawyer if they win. The funds in this situation come from the settlement.
Finding a Slip and Fall Attorney
Men and women might assume finding a slip and fall attorney won’t be difficult. Although many practitioners try these cases, potential clients need to find the right person for their case. How should they go about doing so?
Make a list of potential attorneys, and learn more about them. Check their background, any disciplinary action taken against them, and reviews from clients. At this time, determine if you want a single practitioner or would prefer a big firm. This is a matter of preference, as attorneys from both types of firms can handle the case.
Once this list has been narrowed, schedule consultations with those attorneys you would like to meet. Prepare a list of questions to ask, as this makes it easier to compare the answers when the same questions have been asked of each candidate. Ask for an assessment of the case and what the attorney thinks will be the outcome. If an attorney promises an outcome, it’s time to look elsewhere. Nobody can guarantee what a court, judge, or jury will do.
Spend time meeting with several attorneys. The case could take months or years to resolve, and the victim needs someone they feel comfortable with as the case moves forward. Nobody wants to work with someone they don’t like, and a victim may find they wish to resolve the case early so they no longer have to deal with their lawyer. Nobody wants to lose money they are entitled to because of a conflict with an attorney. By taking these steps, a victim will find choosing the right attorney for their case is an easy process.