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Settling Your Personal Injury Slip and Fall Claim

Slip and fall accidents are very common. In 2012, over 62,000 Florida residents got sent to the hospital because of a fall. As you can imagine, these accidents can have a big impact on your life. Often, you will need to pay for expensive medical procedures. In some cases, you might even be left with a lifelong disability.

Because of this, it’s essential that you talk to a skilled slip and fall lawyer. They will be able to discuss your legal rights with you. Then, they’ll be able to help you gather evidence and put together a claim for compensation. Let’s take a closer look at how this process works and how you can make sure that you are getting the best possible settlement.

Talk to Your Lawyer after the Accident

Let’s start at the beginning of the process. Once you’ve had an accident, there are a few things that you should do. First, you should make sure to go to the doctor. This will give you a better indication of how serious the injury will be. When you do this, make sure to get a copy of their notes. This can be a very important piece of evidence later.

After this check-up, you should call a lawyer. By doing this early, they will be able to provide guidance and inform you of your rights. This will ensure that you don’t get taken advantage of. For example, some companies might want you to sign a legal document that prevents you from sueing the organization. Talking to your lawyer will also ensure that the incident is fresh in your mind. This will make it easier for your lawyer to get the best possible information. It will also give your legal team plenty of time to start preparing documents and talking to witnesses. This will give your case the best chance at succeeding.

Establishing That the Other Party Is Responsible

Once your lawyer has heard your case, they will be able to work towards establishing that the other party is at fault for the accident. To do this, they will need to prove three crucial factors. First, you will have to show that the other party was negligent. Second, they need to prove that the other person is liable for the injuries. Third, they will need to determine whether or not your actions contributed to the accident in any way. Let’s take a closer look at each of these areas, to see what your lawyer will need to establish.

The Other Party Was Negligent

First, they will have to look at the circumstances in which the accident occurred. This will allow them to show that the other person is negligent. In this area, the legal test applied is whether a reasonable person would be able to spot that the situation is potentially dangerous. For example, if someone spills water on the floor, a reasonable person would conclude that there is a risk that someone will slip. They would then take precautions to warn people about the potential accident risk or try to eliminate the hazard. Returning to the example, most people would put out a wet floor sign, then try to mop up the mess. If an employee sees the mess, but then does nothing, and someone slips and gets hurt, the employee might be negligent. To prove this element, your lawyer can use witnesses or store video footage.

The Other Party Was Liable For The Accident

The next thing that your lawyer will need to establish is that the other party was liable for the accident. This means that they need to show that the other person is legally responsible for the property and the safety of the people using it. Typically, this means sueing the owner of the property or the business owner. In some cases, they might have liability insurance. In this case, you would need to sue the insurance company.

Whether Or Not You Contributed To the Accident

Finally, your lawyer will need to consider your actions. In some cases, the other party might use your behavior to show that they are not responsible for the slip and fall accident. For example, the business might have put out a wet floor sign. If you ignored this, walked through the spill area, and fell, the other party might be able to show that you are liable. The next question becomes what percentage of the accident you are liable for. If it’s deemed that you are largely at fault, you might not be able to claim for anything. If it’s found that you are only partly responsible for the accident, you might lose a percentage of your settlement.

What Damages Can You Claim For?

Once your lawyer has been able to build a strong case, you’ll next need to think about the amount of compensation that you will be able to receive. There are various things that you are entitled to claim compensation for after a slip and fall accident. First, you will be able to claim for any medical bills or expenses. For this reason, it’s essential that you keep the receipts every time you visit the doctor or purchase medication. In some cases, you might not be finished with medical treatment when the settlement occurs. When this happens, your lawyer has two options. They can wait before filing a claim. This works best if the treatment will take a few extra weeks. If it will take months, or years, before you recover, your lawyer will need to estimate your future medical costs, factoring these into your personal injury claim.

You will also be entitled to claim for costs associated with your work. If you were unable to go to work during the accident, you can claim for lost wages. If you had to change jobs as a result of the accident, you can claim the difference between your previous and current wages. You might also be able to claim for any training costs associated with the transition. In some cases, you might also be able to get compensated for any housekeeping costs you incurred while you were recovering.

Finally, for serious injuries, you can include pain and suffering in your slip and fall claim. These tend to apply if you’ve gone through a difficult recovery period or were left permanently disfigured by the accident. It can often be difficult for your lawyer to put a dollar figure on these values, as they tend to be very subjective. This underscores the importance of finding a good personal injury attorney, who will be able to help you determine the right amount of compensation.

Getting a Settlement

Once you’ve prepared a personal injury claim, your lawyer will be able to work on getting the biggest compensation deal possible. The clear majority of these lawsuits end up getting a settlement. There are various times that the case can be settled.

In most cases, you will settle before you get to court, especially if your lawyer has built a strong case. Instead of wasting time and resources trying to fight you in court, the other attorney will want to settle the matter. It will also let the organization avoid any negative publicity that a public trial might be.  At this time, you will be able to rely on your lawyer to negotiate the best possible settling lawsuit.

In other circumstances, though, you might not settle until the court case has started. There are a few reasons why this might be happening. First, your lawyer might believe that the settlement offer you received was too low. In this case, it will be in your best interest to go to court and get a better figure. In other cases, the opposing attorneys might not want to reach a deal until they hear a crucial piece of evidence in court. For example, they might want to wait until they hear what your expert witnesses have said. The opposing lawyer might also be getting paid an hourly wage. So, the longer the court case goes on, the more money they make. If it becomes clear that the case isn’t going their way, they will often be keen to settle.

Finally, not all cases will be solved by settlement. Sometimes, the two attorneys won’t be able to reach an agreement. When this happens, your slip and fall claim will need to go through the court process. During these times, it’s essential that you get a skilled lawyer, who will be able to help you win the case.

Getting the Highest Possible Settlement

When settling a lawsuit, your lawyer should always be striving to get you the maximum possible compensation. To do this, you will need to work with a skilled team. At The Injury Firm, our attorneys are determined to fight for their clients. We have built our reputation on being able to provide excellent representation to those filing a slip and fall claim. So, get in touch with our team today to book a free consultation and find out how we can help. Call today: 954-951-0000.

The Injury Firm

1608 East Commercial Blvd. 
Ft. Lauderdale, FL 33334

Phone (954) 951-0000
Fax: (954) 951-1000


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1608 East Commercial Blvd.
Ft. Lauderdale, FL 33334

Phone (954) 951-0000
Fax: (954) 951-1000

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The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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