A slip and fall can be just another avoidable incident in our life, but it can be dangerous at some points. For example- if it happens on a stair, you can be injured seriously. Sometimes, it can be even worse when someone slips and falls from the roof.
According to National Flooring Safety Institute, around 8 million people report to hospitals with a case of falling. Among them, around 12% or 1 million people get admitted to the hospital with slip and fall cases.
Slip and fall lawyers are there to protect the rights of people who slips and falls on someone else’s property without any fault. They are personal injury lawyers with knowledge of slip and fall lawsuits.
If you’re a victim of a slip and fall accident on someone else’s property that causes direct health issues, you can claim compensation from them.
Slip and Fall Accidents Happen because of-
There are a lot of reasons that lead to such accidents. A wet floor is the most common reason behind slip and fall cases. After the floor is cleaned, a caution sign should be used to make people aware. Some other reasons behind such accidents are-
- Uneven flooring leads to slip and fall cases in many ways.
- Unsalted icy areas should be taken care of as soon as possible, as those are liable for such accidents.
- Cleaning up is a must as soon as anything spills on the ground. It may cause accidents.
- Potholes on the road or ground cause damaging slip and fall accidents.
- If the flooring is not done properly, it can lead to such accidents.
- Carpeting issues can be another reason behind this.
- Left-out cords in walkways are dangerous for people walking.
- Lack of proper lighting causes slip and fall accidents as people can’t see properly in such lighting.
There might be several other reasons that can lead to a dangerous slip and fall incident. No matter the reason, if you can prove the fault of a party, you’ll get compensation for the damages.
Who to Sue after a Slip and Fall?
There are not many parties at fault after a slip and fall. However, that doesn’t matter much because each property has an owner or multiple owners. You can file a lawsuit against them. Let’s check the possible responsible parties for a slip and fall case.
Property Owner: The property owner is the prime suspect in such a case. It’s their duty to maintain their property properly so that none face any hazardous situation like slip and fall. They should be aware of anything that can be the reason behind slip and fall.
Also, they should take the necessary steps to fix the issue as soon as possible. And, as long as the issue is not handled, a properly written notice should be there to make people aware of the problem.
If you can prove that the property owner hasn’t done anything to make people aware of the issue, you’ll get compensation.
Property Occupier: The owner may not be the occupier of a place. It’s the duty of the occupier to keep the property safe for everyone by ensuring no hazardous issue is there. If any hazard comes up, they should inform the owner, take necessary steps, and provide a warning of the risk.
You can sue them for the slip and fall incident if they don’t maintain their duty properly.
Maintenance Company: Sometimes the property is handled by any maintenance company that inspects and fixes issues regularly. As it is their duty to maintain and keep the property safe for everyone, they can be counted as the party in-fault.
Common Mistakes after Slip and Fall Accidents
After such an accident, you need to be careful with your course of action. Often people make some mistakes that they shouldn’t do. Below are some of them.
- Not informing the property owner about the accident.
- Not filing a case quickly.
- Trying to settle the case outside of the court with the other party’s insurer or lawyer without any lawyer on their side.
- Not collecting evidence of fault of the other party after the accident.
- Losing the medical reports, bills, and other necessary documents.
How can Slip and Fall Lawyers Help?
Slip and fall cases work just like any other case. Once you become a victim of such an incident, going to a specialized lawyer would help you in many ways. A lawyer can help you by-
Investigating the Case: After what happens to you, when you hire lawyers, they listen to you first. Then they investigate the case and dig deeper because you need enough evidence to prove what happened. Investigating the case includes interrogating witnesses, collecting video footage, checking medical records, finding strong evidence against the property owner, etc.
Evaluating the Loss: Slip and fall cases include both economic and non-economic losses. So, calculating the loss is not easy. Claiming a wrong compensation amount may not let you win the case.
A lawyer can evaluate your loss and claim compensation based on that.
You’ll know more about the losses a bit later.
Building the Case: Building a solid case helps to increase the chance of winning a lot. Lawyers with experience in slip and fall cases know how to build a case. They can help you receive proper compensation for your losses in a slip and fall incident.
Proving Negligence: In most cases, slip and fall cases happen because of the negligence of the property owner, occupier, or maintenance company. You might know the reason, but the court will believe you only after seeing the evidence of negligence.
So, you need to prove that the responsible parties were not aware of or careful about the issue. Lawyers can help you in this as they know how to prove someone’s negligence about their duty.
Negotiating Out-of-the Court: The party at fault can communicate with you to negotiate the issue outside of court. In such cases, you need to handle their lawyer or insurance company. In both cases, it’ll be tough for you as they’ll try their best to reduce the compensation amount as much as possible. There is a chance that you’ll receive way less than what you would get.
In this case, your lawyer can help you to get enough compensation by negotiating the settlement. They can show them the same compensation you should receive and get you the amount.
An expert lawyer in slip and fall cases can help you in many ways. Without their help, you’ll have to spend a huge amount of time studying legal procedures and state laws about slip and fall cases. Insufficient knowledge won’t help you much.
If You Have Any Responsibility in the Accident
It is not always the fault of the owner. You can share the fault too. For example- if you choose to walk through a wet floor even after seeing a notice regarding it, you’ve chosen the way then increases the risk of fall. In such case, if an accident happens, you’re partially faulty for this.
Your negligence is also taken into account when the case is going on. The reason is simple- the court is there to ensure justice for all, not only for you.
The negligence of the victim is considered in two ways.
Contributory Negligence is applied in only a few states. The rule is strict. It says that if you’re somehow liable for the accident, even a bit, you won’t get compensation for the accident. In such a case, you’ll be counted as equally liable.
On the other hand, Comparative Negligence is a bit different. In this rule, you’ll get compensation even if you’re liable for the accident. There will be a cut in compensation based on the percentage of your contribution to the accident.
For example- after assessing the situation, if the court finds out that you’re 10% responsible for the accident, you’ll get 10% less than the actual compensation amount.
Check your state’s rules to know what can happen if you have partial liability for the accident.
How to Find the Best Lawyer for Slip and Fall Cases?
Personal injury lawyers handle slip and fall cases. So, you need to pick a good personal injury lawyer to help you in such a case. Let’s know how you can do it.
Step 1- Looking for Recommendations
Search for personal injury lawyers in your area to get the best recommendations. Also, your friends and family can help you by recommending someone. If you’re part of a community, for example- a bike community, car community, or anything like this, you can ask for their suggestions.
The lawyer’s community in your area can suggest someone for such cases.
Collect recommendations from the sources and make a list.
Step 2- Evaluating the Lawyers
Your primary list must contain around 12-15 names. In the second step, you should start evaluating them.
A common tool for evaluating lawyers is checking their websites. You’ll find the number of cases handled, the amount of compensation collected, and several other information. Based on that, you can get an idea about their experience, success, etc.
You’ll see reviews on their websites too. Those would help you to have an idea about them. However, for honest reviews, depend on review-based websites more than their websites. Review-based websites help you with truthful reviews and ratings from actual clients.
Also, if you know a lawyer from a different field, ask them to pick the best one, or maybe two-three, from your list. A lawyer must know others.
Step 3- Communicating Directly
After step 2, pick the top 4-5 lawyers for step 3. In this step, you’ll communicate with them directly. You can make a call or visit in person. Some lawyers or law firms offer a free consultation session. Utilize the opportunity and talk to them in person.
In this step, try to get an idea about their experience, winning percentage, an idea about slip and fall cases, future plans with your case, fees, etc. Also, check their communication skill. These would help you to pick the best one.
Step 4- Picking the Best One
After step 3, you must know whom to pick. Don’t make the fee a choosing parameter if they all ask to follow a contingency fee structure. I’ll discuss this later.
Select someone who has good communication skills. Also, make sure that you’re comfortable communicating with them. It’s important because, without comfort, you can’t discuss the case properly.
Compensation Fields in Slip and Fall Lawsuits
Just like any other personal injury case, a slip and fall lawsuit helps you get compensation based on economic and non-economic damages. Economic losses include-
- Cost of treatment
- Loss of wages
- Future loss of wages
- Cost of medication
- Any future cost of treatment, medication, and therapy
Also, you’ll get compensation for property damages. In most cases, you can ask for attorney fees and legal costs.
Non-economic losses include-
- Pain and suffering
- Emotional distress
- Mental issues, etc.
In most slip and fall cases, death doesn’t happen. However, you can file a lawsuit if any of your family members die in such an incident. The funeral and other related costs will be added to the monetary loss in such cases.
Non-economic damages are counted by multiplying economic damages with 1.5 or 2 typically. The insurance company counts it, and the court validates it.
Typically, the settlement amount in such cases is between $10,000 to $50,000. Not all slip and fall cases offer similar compensation. It varies depending on the factors associated with it.
How Much Do Lawyers Charge for Slip and Fall Cases?
Personal injury lawyers handle such cases. So, the payment structure is similar. The most common practice of charge here is the contingency style.
In contingency style, you won’t have to pay anything before the case. Also, you won’t have to pay anything if you lose it. If you win it and receive compensation, the lawyer will charge you a percentage.
The typical charge they ask for is around 30%-40% of the compensation amount. You should discuss this at the first meeting. The percentage charge varies depending on many factors, including- the case’s complexity, the time needed to invest in it, the lawyer’s experience, etc.
Some may ask for an hourly or daily rate. This is a good way if they ask you to pay after getting the compensation. However, it can be risky for cases that take a long time. The accumulated fee can be too high.
A flat fee can be a good option, only if they guarantee to win the case. Otherwise, don’t go for such a structure. It’ll be a great loss if you don’t get compensation after spending money on it.
Should I Hire a Slip and Fall Lawyer?
It totally depends on you. If the slip and fall accident costs you a lot of money or causes a permanent or long-term injury, you should hire a lawyer to help you in this case. The reason is simple- you need to get compensation for related medical bills or loss of wages in the future because of long-term injury.
Filing a lawsuit can help you to get a decent amount as compensation if you have no fault in the accident.
On the other side, if you wish to let it go, you can let it go. You may do this when the expense is not high or it doesn’t cause any permanent injury. Also, if you’re the in-fault party, filing a lawsuit won’t help you much. In such cases, you shouldn’t go to a lawyer for help.
When should I Contact a Lawyer for Slip and Fall Cases?
You should contact a lawyer to help you in a slip and fall case as soon as you determine to sue the in-fault party for their fault. But you may not be in a situation to do that instantly. Don’t worry. You have some time for it.
After facing such an accident, the first thing you should do is go to the hospital or clinic for medical support. Filing a lawsuit won’t be a wise choice if there is no major issue.
But you can go to the lawyer if the accident causes a major issue. Before that, having proper treatment and medication is mandatory. So, wait for some time until you’re released from the hospital. Then you can start searching for a lawyer following the process shared earlier in this article.
Don’t be too late. Your lawyer should be able to gather evidence. Also, you can’t handle the in-fault party’s insurance company alone. You need a lawyer’s advice to know how to proceed further. For all these reasons, you shouldn’t be too late to hire a lawyer or attorney.
What If I Want to Handle the Case Alone?
There is no legal restriction in handling such a case on your own. However, you’re not recommended to do that. A lawyer has studied how to handle such cases. Also, attorneys have previous experience with such cases. So, they can help you with legal strategies that you’ll miss.
Again, if you handle the case alone, you’ll have to study a lot about the law and other related things. It would waste a huge time.
Handling the case alone will be frustrating, too, because your opponent will have an experienced lawyer with enough experience with such cases. You can’t handle and defend their legal strategies alone.
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Frequently Asked Questions (FAQ)
What is the statute of limitation for a slip and fall lawsuit?
The statute of limitation, in this case, may vary based on the state you’re living in. In Michigan and New York, it is three years, and the clock starts ticking at the moment the accident happens.
In California, you should file a lawsuit against the in-fault party for personal injuries or death within two years. However, you have three years to file a lawsuit for property damages.
Thus, different states have different statutes of limitations under different conditions in such cases. It’s better to go through the rules of your state.
What if I become injured from a broken part of a sidewalk?
In such a case, you can file a lawsuit against the municipality because they must keep the sidewalks repaired and safe for passersby. You will likely receive compensation for the issue if you can prove their fault. However, things are a bit different in such cases. So, consult a lawyer soon.
Will my case go to a trial?
The past record says that most slip and fall cases are settled before a trial. So, there is a chance that your case will be settled before trial too. It happens if both parties remain helpful to each other and understand their fault.
Your case will be taken to trial if proper compensation can’t be recovered. No matter what you do, ensure you have a compatible lawyer or attorney.