If you have recently suffered injuries in a slip and fall accident, you may be wondering whether it’s hard to win a slip and fall case. While it may seem like these are routine legal matters, the reality is that it is always difficult for victims to obtain compensation, and the best course of action is to retain a slip and fall lawyer as soon as you can.
Legal claims involving slips, trips, or falls can involve various factors and legal considerations, making them more complicated than they may initially seem. Factors such as the nature of the hazard, the responsibility of the property owner, and the extent of the injuries sustained can all come into play in determining liability and potential compensation. Read on to learn more.
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Slip and Fall Cases Can Be Challenging
The law related to slip and fall cases is very complicated. To establish liability, you need to show that the property owner either knew about the hazard and failed to address it or should have known about the hazard with reasonable care.
Another complication arises from the fact that slip and fall accidents can happen in various locations, and multiple parties may be responsible for the maintenance of the property. Common sites for slip and fall accidents include:
- Supermarkets and grocery stores
- Offices
- Healthcare facilities
- Schools
- Gyms
- Hotels
- Restaurants
- Retail stores
The ownership and management structures of these facilities can have an impact on liability, potentially adding more complications to your case.
Additionally, the severity of the injuries sustained in a slip and fall accident can impact the difficulty of winning a case. In most cases, the more serious the injuries, the higher the potential compensation - and the harder the insurance company will fight.
The Insurance Company Does Not Want to Pay
One of the main reasons slip and fall cases can be difficult to win is the resistance from insurance companies. Insurance companies are businesses, and their goal is to minimize the amount of money they pay in claims. This means they will often try to dispute liability or downplay the severity of your injuries to pay out as little as possible.
Insurance adjusters are trained to find any possible reason to deny or reduce your claim. They may argue that you were partially at fault for the accident, that the hazard was clearly visible and avoidable, or that your injuries were not as severe as you claim. Dealing with insurance companies can be frustrating and overwhelming, especially when you are trying to recover from your injuries.
Having an experienced slip and fall attorney on your side can greatly increase your chances of receiving the compensation you deserve. An attorney will be familiar with the tactics used by insurance companies and will fight to protect your rights. They will gather evidence, interview witnesses, and negotiate with the insurance company on your behalf to ensure its representatives treat you fairly.
How To Get the Compensation You Deserve
Due to the above factors, getting the compensation state law entitles you to can be an uphill battle. The best way to maximize your chances of getting the full value of your claim is to retain an experienced slip and fall lawyer as soon as possible after your accident. Some of the specific ways a lawyer can help include:
Evaluating Your Losses
To build a strong case, it is important to carefully evaluate all of your losses. This includes not only your medical expenses but also any lost income, pain and suffering, and future medical costs. A slip and fall attorney can gather the necessary documentation to prove the extent of your losses and ensure you receive the full value of your claim.
Identifying All Liable Parties
In some slip and fall cases, multiple parties may be held liable for your injuries. For example, if you slipped and fell in a store, both the store owner and the cleaning company they hire may be responsible for maintaining a safe environment. A slip and fall attorney can conduct a thorough investigation to identify all potentially responsible parties and hold them accountable.
Aggressive Negotiation
Negotiating with insurance companies can be daunting, especially when dealing with the aftermath of an accident. An experienced slip and fall attorney will handle all negotiations on your behalf, using their knowledge and experience to fight for a fair settlement. They will push back against the insurance company's attempts to devalue your claim and work to secure the maximum compensation possible.
If Necessary, Filing a Lawsuit
If the insurance company refuses to make a fair settlement offer, your lawyer will likely file a lawsuit in the appropriate court to pursue the compensation you deserve.
Can You Afford a Slip and Fall Lawyer?
You may wonder if you can afford a lawyer after your slip and fall, especially if you are out of work and dealing with medical bills. Fortunately, reputable slip and fall lawyers work on a contingency fee basis, meaning they only get paid if they recover compensation on your behalf. Any legal fees your lawyer collects will come from your settlement or award, meaning you will never have to pay for legal help out of pocket.
Call a Slip and Fall Lawyer Today
If you or a loved one has suffered an injury in a slip and fall accident, never wait to seek the help of an experienced slip and fall attorney. They will understand the challenges of slip and fall cases and provide legal guidance and representation from start to finish of the legal process.
The right slip and fall attorney will fight to protect your rights and ensure you receive the compensation you deserve. They will handle all communications and negotiations with the insurance company, allowing you to focus on your recovery. This is invaluable when you already have enough stress on your shoulders.
Time is short, and you can gain relief and peace of mind by taking action now. Seek a free consultation with a personal injury attorney near you.