Should I get a lawyer for a slip-and-fall case? This is a common question fall victims ask. At first glance, the case may seem simple. Someone failed to make an environment you were in safe, you fell and got hurt as a result, and therefore they should pay for your damages. Unfortunately, claims for fall accidents often are not so straightforward, despite the evidence being in your favour. That’s why, even if you think you have an open-and-shut case, you should hire a lawyer.
This article delves into dynamics and challenges of handling your case without legal representation and explains how enlisting a personal injury lawyer can significantly improve your prospects.
Slip-and-Fall Claims and their Obstacles
A slip-and-fall accident occurs when an individual suffers an injury due to an unexpected slip, trip, or fall on someone else’s property. Common scenarios include slippery floors, uneven sidewalks, or poorly lit staircases. Slip-and-fall cases may seem simple on the surface, but they come with challenges that can be difficult to overcome without a lawyer.
The Challenge of Proving Negligence
The legal complexities in these cases arise primarily from the challenge of proving that the property owner neglected their duty to maintain a safe environment. Proving liability and negligence can be difficult because it requires clear evidence that the property owner was aware, or should have reasonably been aware, of the hazardous condition but failed to take appropriate action.
In some cases, the property owner may also argue that your carelessness contributed to the accident. This aspect of comparative negligence adds another layer of complexity, making it more difficult to establish the property owner’s full liability in the incident without a lawyer.
Underhanded Insurance Company Tactics
In slip-and-fall cases, it’s typically the insurance company of the property owner that is responsible for paying out damages. However, insurance companies often employ various tactics to minimize the amount they have to pay or to avoid paying altogether.
One common strategy is disputing the severity of your injuries. They may claim that the injuries are not as serious as you stated or that they existed prior to your accident. Another tactic is trying to poke holes in your account of events to invalidate your claim.
Insurance companies may delay the claims process as well, hoping that the prolonged time and growing financial pressure will compel you to accept a lower settlement offer. They also scrutinize the medical records and accident reports for any inconsistencies or gaps they can leverage to challenge the claim.
Without a lawyer who frequently deals with insurance companies, it can be difficult to counter these tactics, despite the legitimacy of your personal injury claim.
The Added Pressure of The Injuries Themselves
The severity of injuries sustained in a slip-and-fall accident can exacerbate an already stressful situation, particularly from a financial perspective. Severe injuries often require extensive medical treatment, rehabilitation, and sometimes long-term care, leading to mounting medical bills that can become overwhelming.
As your medical expenses escalate, so does the importance of obtaining a fair settlement to cover these costs. This financial pressure is compounded by the possibility of lost income if the injury hinders your ability to work. Experienced legal representation gives you the best chance of achieving a settlement that truly reflects the extent of your damages and losses.
How Personal Injury Lawyers Facilitate Positive Results
Personal injury lawyers play a pivotal role in ensuring their clients receive fair settlements. At the beginning of the process, they thoroughly evaluate the incident and gather evidence. This includes accident reports, medical records, witness statements, video footage, and more. With this evidence, they work to conclusively demonstrate the property owner’s negligence, thereby preventing any comparative counter arguments.
An experienced slip-and-fall lawyer also accurately quantifies your damages, including medical expenses, lost income, and emotional distress, to ensure that the settlement requested truly compensates for your losses. They also know how to counter the tactics insurance companies use to lessen the settlement, and make sure you are not unfairly blamed for the incident or undervalued. If a fair settlement cannot be reached through negotiation, your slip-and-fall lawyer will argue your case in court.
The various advantages a personal injury lawyer offers results in less stress for their clients, and on average, higher settlements. With a lawyer’s assistance, you can navigate the legal process with more confidence, knowing your rights will be protected and your interests championed.
McNally Gervan – Legal Assistance You Can Count On
While slip and fall cases may appear straightforward, they are fraught with legal complexity. Given the potential severity of fall injuries and the resulting medical costs, securing competent legal representation is paramount. A lawyer not only increases your chances of receiving fair compensation but also provides peace of mind during the process.
At McNally Gervan, we have experience helping our clients with a variety of legal matters. From life insurance and fatal injury cases to car accident or slip-and-fall claims, our tailored approach promotes positive results. Contact us today to schedule a free consultation.