If your slip and fall injury is due to the negligence of another person, you can file a claim for compensation. The lawsuit will depend on the nature of the injuries and other factors. Here’s more on when to call a slip and fall attorney and also about their responsibilities.
When to Call a Slip and Fall Attorney and their Responsibilities
Help with understanding the case –
It is important to hire a slip and fall attorney to understand the nitty-gritty of your case. You will need to confirm from the attorney if your case is a viable one. There are different kinds of slip and fall injuries. Such incidents can occur in different circumstances. You may be injured at work, while grocery shopping, while out and about, and perhaps on the road.
An attorney can help you understand if you have a case. Your injury will also need to be such that it warrants filing a case. Your injury must be due to a hazard such as slippery floors, wet surfaces, potholes, etc. Once you understand the case, it will be easier for you to take it forward with confidence.
State laws differ when it comes to slip and fall cases. So, an attorney can help you by providing the right information to you. You can find a local slip and fall attorney with the help of online searches. You can use keywords with your location such as slip and fall attorney Dalla or something on these lines.
Proving liability –
You need the help of an attorney to prove liability.
It is not easy to prove liability when it comes to slip and fall cases. The negligent party can try to cover up the evidence. Your attorney will need to uncover evidence by all means. Your attorney will need to find and talk to witnesses.
Your attorney will get to work without delay as evidence can get lost quickly. If the other party is really at fault then they may also try to withhold evidence such as security tapes etc. Your attorney will need to arrange for the warrants to get access to such evidence.
Calculating compensation –
It is not possible for a layperson to calculate the payout amount. You will need the help of an attorney for the task.
Your attorney will consider the nature of your injury as well as the cost of current and future treatments to calculate the compensation. Other factors that need consideration in calculating the payout are loss of income/wages (current and future), disability (permanent or temporary), and emotional distress. Victims can suffer from depression, PTSD, or other mental disorders due to their loss of income, loss of social life, or end of marriage (due to factors related to injuries). Your attorney will include such non-economic costs too in the payout amount.
Negotiations –
Insurers swoop in to talk to victims before their injuries even heal. The negligent party’s representative can try to talk to victims and force them to agree to a low monetary offer. In many cases, insurers and attorneys of the other party can even threaten the victims in order to intimidate them. So, you will need the help of an attorney to deal with them.
Your attorney will negotiate with the other party’s representatives and try to get you a deserving compensation. Negotiations can be tough and your lawyer will need to really work hard to get you a fair deal. So, it is best to hire experienced attorneys to deal with slip and fall cases.
Representation in court –
When negotiations fail for any reason, you may want to take the case to court. You will need the help of an attorney to represent you in court.
Your attorney will take care of the paperwork required for the purpose. Your attorney will arrange for the testimonies of witnesses and experts. Your attorney may even conduct depositions before the hearing.
There is a lot to do when a case goes to court. Your attorney will ensure that everything is in order including the opening statement to help you win the case. Your attorney will also ensure that no foul play occurs from the other party’s side to derail your case.