Among the most frequent personal injury cases, slip and fall accidents can be quite complicated when it comes to establishing who is liable and sorting out insurance. Personal injury attorneys assist clients who have suffered injuries due to dangerous conditions on another person’s property. They help determine who is liable for the injuries and negotiate with insurance companies to obtain just compensation for their clients.
Lawyers in this area of practice must work through a complicated web of potential defendants and their respective insurers to obtain the compensation their clients deserve. This is one of the reasons why “slip and fall attorneys near me” is one of the most commonly searched phrases when looking for lawyers who specialize in personal injury.
Establishing Liability
Determining legal responsibility for a slip and fall requires the same steps as determining legal responsibility for any kind of tort. First, you need to identify the likely candidates (individuals or entities) that might bear some responsibility for your accident. In a slip and fall case, the property owner or manager is typically the main defendant, but sometimes it is not so clear-cut.
Is the owner responsible if the manager failed to keep the property safe? Or is the manager responsible if the owner did not provide the necessary funds to fix the dangerous condition? And what if someone else besides the owner or manager created the condition in the first place?
Navigating Contributory and Comparative Negligence
Defense strategies in many slip-and-fall cases revolve around the argument that the victim partly or fully caused their own injuries. In the field of tort law, negligence usually consists of two basic elements: duty and breach of duty. The defendant’s duty is to act as a reasonable person would under similar circumstances.
If the defendant fails to do this and the plaintiff is injured as a result, the defendant is liable. On the other hand, if the plaintiff is also acting unreasonably and this contributes to their injuries, then the amount the plaintiff should recover is reduced and requires tedious, careful examination and negotiation.
Dealing with Insurance Companies
The central role of insurance companies in these types of accidents cannot be overemphasized, for most property owners maintain liability insurance. Still, insurers are well-known for underplaying their hand – never willingly parting with more cash than absolutely necessary.
A good slip and fall attorney near me makes them play their game, and always aims to come away with more compensation than they give when they go unchallenged.
Pursuing Litigation When Necessary
Although numerous slip and fall cases find resolution in settlements, some necessitate actual court cases to arrive at just compensation. Attorneys specializing in slip and fall lawsuits are ready to pursue such cases in court.
This involves offering up evidence to a judge or jury, conducting witness examinations (and hardships, if necessary), and maintaining an argument in favor of the plaintiff’s claim.
You Need the Best Slip and Fall Attorneys Near Me
Cases involving slips and falls are anything but simple. They call for thorough investigation and keen legal knowledge. An accident victim may have received a severe injury and is entitled to receive justice and compensation for that injury.
But to achieve this, the victim often needs the help of skilled attorneys who work in this area and know how to achieve the kinds of settlements that provide their clients with the just settlement they deserve.
