Slip and fall incidents are some of the most commonly reported cases in hospitals across the country. Often, people attribute the slip and fall accident to their carelessness or bad luck. However, it could be as a result of someone else’s negligence, in which case you may be entitled to compensation.
That is why you need an experienced slip and fall attorney to assess your case and secure your claim. Whether out of court or in trial, you need the best lawyer to aggressively pursue compensation. Start your search for a “slip and fall lawyer near me” with our capable legal team.
At Werner, Hoffman, Greig & Garcia, we have extensive experience in slip and fall claims and protecting clients’ rights. If you have suffered injuries in a slip and fall accident, call (800) 320-HELP or submit this online contact form to get started.
This article explains what to ask your potential attorney before hiring them to handle your slip and fall claim.
What is a Slip-and-Fall Case?
A slip and fall case is a type of personal injury lawsuit that occurs when someone slips, trips, or falls on another person’s property and sustains injuries as a result.
These cases often fall under the broader category of premises liability claims. To successfully claim compensation for slip and fall injuries, you have to prove that the property owner was negligent by failing to maintain safe conditions.
Common causes of slip and fall accidents include slippery surfaces (wet floors, spills, improperly waxed floors), uneven surfaces (potholes, broken sidewalks, uneven steps), and obstructions (clutter, loose objects, poorly lit areas).
When to Get a Slip and Fall Lawyer
Property owners have a duty to ensure that their business premises are safe from any dangerous conditions. However, they do not always fulfill this responsibility, which can lead to a serious slip and fall accident.
If you have been involved in a slip and fall accident in public or on another person’s property, you may have a claim against the other party. This is usually where you have sustained injuries or loss due to the incident, and you can prove the slip and fall accident was due to the other party’s negligence.
Getting a slip and fall lawyer is important since they will ably negotiate with the at-fault party for compensation or file your lawsuit where necessary as you focus on recovery. They will also assess your case to determine whether you need to pursue a personal injury claim before the legal timeline to file expires.
5 Questions to Ask your Potential Slip and Fall Lawyer
Searching for “slip and fall lawyer near me” will only get you so far. Before settling on who will best represent you, here are five important questions you should ask your potential slip and fall lawyer:
1. What is your personal injury experience and success rate?
Is the lawyer’s area of expertise personal injury law? How long have they practiced in this field and what is their success rate?
It is important to hire a qualified personal injury attorney with solid experience and a proven track record to increase your chances of success. You can also gauge your potential lawyer’s reputation from client testimonials and reliable referrals.
2. Does my slip and fall claim have any chance of success in or out of court?
To win a slip and fall claim, you must prove that the other party- usually the property owner -had a duty to keep the premises safe but was negligent, and this is usually a complex process. The answer will not assure a win or loss.
However, a competent personal injury lawyer should be able to assess whether you have a founded slip and fall claim against the property owner or the party being sued generally.
They will review the circumstances of your incident, the injuries you sustained, and any other relevant evidence to determine whether you have a solid case.
3. Should I succeed, what is the potential compensation for my claim?
Your potential slip and fall lawyer can assess the estimated value of your case using the information you provide during your free consultation. This information includes how the slip and fall accident happened, the injuries you sustained, and any losses you have suffered as a result.
While it is difficult to guarantee a specific amount, a seasoned lawyer will be able to provide a reasonable estimate of your slip and fall compensation based on their previous experience with similar cases.
4. What are your legal fees?
Always inquire about the slip and fall lawyer’s fee structure and general fees you will have to pay, should they take up your case. This not only helps you determine whether you can afford them, but also makes it easier to manage your budget as your case progresses.
Ask your potential slip and fall lawyer whether they work on a contingency basis. This means they will only deduct a percentage of what you will be awarded should they win the case. If that’s the case, discuss this percentage to avoid any unmet expectations in the end.
5. What is the estimated timeline for my slip and fall case?
To better manage your expectations, having a rough idea of how long your case might take helps. Although all personal injury cases are unique in their own way, an experienced slip and fall attorney can give you an estimated timeline.
They may consider how complex the case is, whether your slip and fall lawsuit is likely to go to trial, the legal system in your state, and their overall experience with such cases.
How Do I Prove the Other Party’s Negligence?
Property owners have a duty to ensure safety within the premises by either removing any apparent danger or sufficiently notifying the public that a particular danger exists.
To prove that the fall was not your fault, the other party must be liable for negligence. That means, you must show that:
- The property owner had a duty of care to maintain the premises
- The property owner breached this duty or acted negligently. To prove breach, the property owner must have known or reasonably ought to have known that a danger existed, yet they failed to take measures to eliminate it or sufficiently warn visitors about it.
- Your slip and fall injury resulted from this negligence
The negligent standard may vary from state to state, but your slip and fall attorney will know what proof you need. Proving this negligence can be a complex matter. That is why hiring an experienced slip and fall attorney is crucial to increasing your chances of getting compensated.
A Florida slip and fall lawyer can help you establish whether prior similar incidents have occurred. This could be evidence that the owner knew of a dangerous condition but failed to eliminate it.
Establishing Constructive Knowledge of the Hazard
To successfully prove your personal injury claim, you need to show that the property owner or manager had actual or constructive knowledge of the hazard that resulted in the slip and fall.
Actual knowledge means that they clearly were aware of its existence. Constructive knowledge means that due to certain circumstantial evidence, the owner must have or ought to have known that the hazard existed.
Such circumstantial evidence includes:
- The fact that the hazard has existed on the premises for so long that the property owners should have known and remedied the situation.
- Several other slip and fall accidents have occurred regularly in the past such that it can deemed foreseeable.
Compensation in Slip and Fall Cases
Generally, the damages awarded in a personal injury lawsuit can vary significantly depending on the circumstances of each case. For a slip and fall incident, you may be entitled to compensation for medical expenses and lost wages if your fall injuries prevent you from working.
Additionally, you may qualify for compensation for pain and suffering due to the slip and fall accident and the cost of repairs if your personal property was damaged.
In some cases, the court may award punitive damages if the property owner’s negligence was particularly reckless. However, punitive damages are typically only awarded in extreme cases.
Contact Our Skilled Slip and Fall Lawyers Today
At Werner Hoffman Greig & Garcia, top-tier legal representation is our commitment. If you or your loved one has been injured in a slip and fall incident, we can help review your case and fight for your claim.
With over 40 years of combined legal experience, our team of personal injury attorneys is well-equipped to handle your case. Let us help get you the slip and fall compensation you deserve.
Schedule a free consultation by contacting us at (800) 320-HELP or submitting this online contact form. We operate on a contingency fee basis, meaning you will only pay us if we win your case.
Frequently Asked Questions
What should I do immediately after a slip and fall?
There are a key actions after a slip and fall accident you can take to protect your future claim. After ensuring your safety, immediately notify the manager or owner of the premises for an official incident report.
Seek medical care even when you feel fine especially if the impact of the fall was significant. The medical report is critical evidence of the extent of the injuries you sustained.
Do I need a slip and fall lawyer if my injuries are minor?
Some injuries may appear minor but only after a thorough medical check-up can you be sure. Until you have confirmed that there is no need to worry, contacting a lawyer is advised. Once you’re sure that the injury is ignorable, you may not need to contact a lawyer to pursue a claim.
How long do I have to file my personal injury claim?
Different states may have varying laws on the timeline to file a claim so make sure to ask your lawyer. In Florida for instance, you have two years from the incident to file a personal injury lawsuit.
