A simple fall can cause serious injuries with the resulting medical and financial problems.
We must know that, if we have fallen due to someone’s negligence, in the United States we can sue them to request financial compensation to help us alleviate the problems arising from the blow.
Why should I hire a slip and fall attorney?
A lawyer specialized in negligence of this type, if he has enough experience, will only accept your case if there is sufficient evidence of negligence on the part of the owner or manager of the property where the accident occurred.
This is so because it is your lawyer who will be in charge of collecting the necessary evidence to prove said negligence.
You should be careful to hire an attorney with enough experience in these types of cases. That you know how to negotiate with insurance companies and obtain the maximum compensation for your injuries without going to trial.
If no agreement is reached, you must represent him before a court of law with guarantees of success.
Your lawyer will also take care of:
- To interview potential witnesses.
- Gather evidence of negligence.
- Present the necessary documentation in court.
- To interview potential witnesses.
- Negotiate with insurance companies or in charge of the place where the injury occurred.
Important:If your injuries are serious, we advise you to consult a lawyer as soon as possible. From here we present the most valued in each city in these types of negligence. This is the best way to get the compensation you deserve.
Is it always necessary?
No, in case the injuries are minor, it does not make sense to start a lawsuit whose possible compensation is minimal. They will be considered minor depending on the nature of the injuries and the cost of treatment.
If the injuries are serious enough, then hiring an attorney is a great idea. We advise you to consult with a slip and fall attorney to clarify your doubts. Make sure the first consultation is free.
I have fallen in a public place, can I sue?
It doesn’t matter where we have the accident. It may have been in a factory, a commercial premises, a city street or any other place where public or private entities should have taken the necessary measures to avoid this type of accident.
In any case, if you have suffered significant injuries of any kind as a result of a slip, whatever the location , we recommend that you hire an attorney immediately.
It is very safe that you can sue the owners of the premises where you are or even the local council if the ground has potholes or cracks and certain conditions are met.
When can I sue for a slip or fall?
In most cases that we fall due to the negligence of another person we can sue.
As in any lawsuit, whatever the type, we must prove that the injuries suffered were caused by the negligence of another person.
To do this, your lawyer must verify that the surface conditions that caused the injuries actually exist.
The law says that they must be dangerous conditions that constitute an unacceptable risk and that could not have been foreseen. It must also be proven that the owner had prior knowledge of the conditions that caused the fall or slip and did not do enough to resolve the problem.
Therefore, your lawyer will have to prove that the owner (public or private) knew that the conditions that caused the accident existed and did not correct them. That the owner created such conditions or that they existed long enough for the owner or manager to have knowledge of them and be able to fix them.
The method used by each lawyer to secure these conditions depends on each professional and their experience in these types of cases.
How can my lawyer prove liability?
Your lawyer must show that the person responsible for the place where you had the accident should have known the circumstances that caused the accident .
In a negligence claim, your lawyer must establish what procedure the responsible party followed to avoid the accident and whether other measures could have been taken.
It will be up to the authorities to answer whether the actions taken were appropriate or not and the sentence will be based on it.
If the answer is positive, you will surely have won the lawsuit and it will be ordered that you be compensated for the damage caused.
Questions that the authorities will try to answer.
- The owner knew of those conditions and whether they had been in place long enough. It will not be the same that he has slipped because the ground is wet to that he has done it because there is a hole.
- Are the facilities regularly checked or cleaned and if so, can the owner of the premises prove it?
- Is the object or cause that caused the slip caused by a valid reason?
- Was the valid reason necessary at the time of the fall?
- Could the accident have been prevented by warning of the cause that originated it? For example, with a wet floors sign.
- If the fall is due to tripping over an object, could the object be in a safer place?
Questions that the authorities will try to answer.
Not all accidental falls give rise to compensation or imply negligence. For this to be the case, certain conditions must be met.
- The owner knew of those conditions and whether they had been in place long enough. It will not be the same that he has slipped because the ground is wet to that he has done it because there is a hole.
- Are the facilities regularly checked or cleaned and if so, can the owner of the premises prove it?
- Is the object or cause that caused the slip caused by a valid reason?
- Was the valid reason necessary at the time of the fall?
- Could the accident have been prevented by warning of the cause that originated it? For example, with a wet floors sign.
- Could the accident have been prevented by warning of the cause that originated it? For example, with a wet floors sign.
- If the fall is due to tripping over an object, could the object be in a safer place?
What questions will the defendant’s attorney ask me?
Depending on the consequences suffered due to the fall caused by a slip or trip, the compensation may be more or less large.
Therefore, the defendant, who may be the owner of the premises or the insurer , will also have the services of a lawyer specializing in slips and falls .
The defense attorney will try not to prove the negligence allegedly caused by his client and for this it will be up to you to testify and answer your questions. And the best way to dismiss the case is to prove that it was your carelessness .
Based on this, what questions will the defense attorney ask?
You have to know that you do not need to prove that you were careful. It will suffice to prove that you did not act negligently.
Here are some questions you may be asked when you file.
- Was he running, jumping, walking backwards, sideways, or in any other circumstance that caused the fall?
- Were you distracted by something without paying attention to where you were?
- Did you see the sign or warning indicating the danger? Did you remove or jump the fence that prevented access where the fall occurred? (If there are signs or fences in place).
- Could he be in the area where the accident occurred, or did he have a legitimate reason to be passing by?
FREQUENT QUESTIONS
#1 How much compensation can I collect for my injuries?
In most cases this will be determined by the limit of the policy that the accused has contracted . Everything that exceeds this limit must be set by the defendant.
This means that if you are offered the maximum estimate for the policy, it may be in your best interest to accept the settlement . Otherwise, you must go to court with the costs that this entails and with the inconvenience that it would mean that the defendant does not have assets or money, declaring insolvency.
#2 What is the deadline to file the lawsuit?
The term will be determined by the state in which the demanded event occurred , in this case the fall. The term will also be determined by the day the accident occurred, although there are exceptions.
The term ranges from 2 years in states like Texas or California to 6 years in the states of Maine or North Dakota. You can see the timelines in detail in the state limits table below .
#3 Can I report to the town hall if I fall on public roads?
You can sue whoever is in charge of keeping the public highway in optimal conditions, which is generally the city council of the town where the accident occurs.
However, keep in mind that you will not always be able to sue and you will be considered negligent if you do not follow the existing regulations. For example, if you are running through a landscaped area instead of on the pavement or you did not respect no trespassing signs among others.
