Do I Need A Lawyer For My Slip And Fall Case?
- October 4, 2017
People who have suffered a personal injury should seek out a lawyer for their case as soon as possible. In this article, we will be going over whether or not you’ll need a lawyer for your slip and fall case and other helpful information we can provide to help your case.
When Should You Seek Out an Attorney?
Of course, there are times that an injury case doesn’t need the assistance of a lawyer, but if your case is serious enough, you should keep out the assistance of an attorney quickly. It’s not always obvious whether or not a defendant is at fault in a slip and fall case.
However, insurers are usually on the prowl to ensure to blame the victim of a slip and fall accident, especially if they’re unrepresented by a lawyer. If you have a solid slip and fall case, but don’t have an attorney, your case won’t get too far in court.
Your attorney’s job in a slip and fall case is to contact the insurance company and create a line of communication. Even in a small case, a lawyer can help improve your likelihood of winning your claim.
Proving Your Liability
To get your case in court or to reach a settlement, you have to prove liability. Which means that you and your lawyer will have to prove your liability and that the defendant was negligent. Often enough, this is easy to identify in a car accident, but much more complex in a slip and fall case.
One of the first things that you should confirm with your lawyer is how you were injured. Generally speaking, falls happen quickly and most people forget or don’t fully understand how they ended up injured on the ground. For example, if you fell down the stairs, answer the following questions on your own. How did you fall? Which foot missed the stair you were trying to step on? What kind of shoes were you wearing? Which hand, if any, was holding onto the handrail? Were you carrying anything? Where you distracted while walking?
These facts answered above are just a few critical factors that the defense attorney, insurer, and jury will need to know before settling the claim. But, this only covers the actual fall itself. Next, your attorney will have to figure out how to charge the defendant with responsibility for your slip and fall. For example, a property owner isn’t responsible for you tripping over your own shoelace. But, they are responsible for a slip and fall accident if it happened on their loose floor tile.
Fortunately, a good lawyer can help you figure out the logistics of your fall and whose fault it is.
How To Prove Damages
Providing proof of damages involves more than simply saying you hurt yourself and were out of work. You and your lawyer must document your lost wages through your employers pay records, tax forms, and your tax returns. Your attorney must also get copies of all of your medical records and bills. Though you are entitled to copies of your own medical records, hospital shave more important things to focus on than photocopies records. This can make your medical records surprisingly difficult to get. Luckily, most local personal injury lawyers have another person working with them whose main responsibility is finding and getting clients’ medical records and bills.
You may be faced with even more work if your medical records do offer legally sufficient proof that your injury was caused by the accident. If this is the case, your attorney will need to write a letter to your doctor asking him to write a medical report or letter that explicitly states the relationship of your accident and your injury. Though it may seem simple, one of these letters can cost you up to $1,000 or more. After this, you and your lawyer will review your pain and suffering so they can provide the information properly to the insurer.