Have you ever slipped and fallen in a store, office, or restaurant? If you have, and it was because someone didn’t keep the place safe, you might be thinking about suing them with the help of a premises liability lawyer. But is it hard to win a slip-and-fall case? Some cases are always more challenging than others, but you can take certain steps to help make the process simpler. One key step is to consult a premises liability attorney as soon as possible.
Get Checked by a Doctor
If you’ve had a slip and fall accident, the very first thing you should do to give yourself the best chance of winning a slip and fall case is to see a doctor. It is crucial, even if you don’t think you’re badly hurt. Here’s why:Some Injuries Don’t Show Up Right Away
Just because you’re not in a lot of pain right after your fall doesn’t mean you’re not injured. Some injuries, like concussions or certain types of spinal cord injuries, might not have obvious symptoms at first. You can feel okay right after the fall but then wake up the next day with a lot of pain or other problems. Or you might have an injury that gets worse over time if it’s not treated. That’s why it’s always best to get checked out by a doctor as soon as possible after a slip and fall. They can perform tests and exams to determine whether you have any injuries that need treatment.Medical Records Are Important Evidence
When you go to the doctor after your accident, they’ll create a medical record of your visit. This record will have important information like:- What injuries you have
- What caused your injuries (your falling)
- What treatment you need
Follow Your Doctor’s Orders
When you see the doctor, it’s essential to follow their advice. Do it if they say you need to rest or take certain medicines. If they want you to return for follow-up visits, ensure you go. It is essential for two reasons. First, following your doctor’s treatment plan will help you heal faster and return to your everyday life. Second, it shows that you’re taking your injuries seriously. If you don’t follow your doctor’s orders, the person you’re suing might say that you made your injuries worse by not taking care of yourself. This can make it harder to get the money you deserve.Keep All Your Medical Records
Ensure you keep all the paperwork from your doctor visits, including bills, prescriptions, and any notes or instructions they give you. Give copies of everything to your premises liability lawyer. Your premises liability attorney will use these records to build your case and prove how much money you need to cover your medical expenses, lost income, and pain and suffering.Don’t Talk to the Insurance Company Alone
If you’ve been in a slip-and-fall accident, you might get a call from the insurance company of the place where you fell. They might seem friendly and concerned about your well-being, but be careful! Their job is to save their company money, not to make sure you get what you deserve.They Might Try to Trick You
Insurance adjusters (that’s what they call the people who handle claims) are trained to get information out of you that they can use against you later. They might ask you questions in a way that makes you say something that sounds like the accident was your fault.
For example, they might ask, “You saw that wet floor sign, didn’t you?” If you say yes, they can argue that you knew the floor was wet and should have been more careful. Or they might ask, “You’re feeling better now, right?” If you say yes, they can say your injuries aren’t as bad as you claim.
They might even try to get you to give a recorded statement. It is where they record you answering their questions. They might say it’s just for their records, but they hope you’ll say something they can use to deny or reduce your claim.
They Might Offer You a Quick Settlement
Another thing the insurance company might do is offer you money to settle your case quickly. This might seem tempting, especially when facing medical bills and missed work, but be very cautious. When the insurance company offers a quick settlement, it’s usually for much less than your case is worth. They’re hoping you’ll take the money and sign away your rights before you realize how badly you’re hurt or how much treatment you’re going to need. Once you accept a settlement and sign the papers, that’s it. You can’t go back and ask for more money later, even if your injuries turn out to be much worse than you thought.Your Lawyer Can Deal with the Insurance Company
The best thing to do is to let your premises liability lawyer handle all the communication with the insurance company. Your premises liability attorney knows all their tricks and won’t fall for them. When the insurance company calls, tell them to talk to your lawyer. Don’t answer their questions, don’t agree to give a recorded statement, and don’t accept settlement offers without talking to your premises liability lawyer first. Your lawyer can review any settlement offers to ensure they’re fair. If they’re not, your lawyer can negotiate for a better offer. Your lawyer can take them to court if the insurance company doesn’t offer a fair settlement. Remember, the insurance company has a team of lawyers working for them. You need someone who knows the law and is looking out for your interests. The best way to protect yourself is to get a premises liability lawyer on your side as soon as possible after your accident. Let them handle the insurance company while you focus on getting better.Why Slip and Fall Cases Can Be Tricky
If you’re thinking about suing someone after a slip-and-fall accident, you should know that these cases can be pretty tricky. It’s not always as simple as saying, “I fell and got hurt, so pay me.” There are a couple of big reasons why.It Can Be Hard to Prove How Badly You’re Hurt
One tricky part of slip and fall cases is proving how badly you suffered an injury. Just saying, “My back hurts,” isn’t enough. You need to have proof from doctors and medical tests. But even then, the insurance company might try to argue that your injuries aren’t as bad as you say they are. They might say that you’re exaggerating or that your pain is from an old injury, not from the fall. They might also say you didn’t get treatment soon after the fall. If you waited a while to see a doctor, they can argue that something else must have caused your injuries in the meantime. This is where having a good premises liability attorney can help. They can work with your doctors to get all the medical evidence needed to prove how badly you suffered an injury and that it was caused by the fall.Premises Liability Law Can Be Complicated
Slip-and-fall cases fall under premises liability law, which deals with property owners’ responsibilities to keep their property safe. However, premises liability law can be complex. There are different rules for different types of properties and different types of visitors. For example, a store owner might have a different level of responsibility to a customer than a homeowner has to a guest at a party. Many little details can make a big difference, like how long a dangerous condition existed before you fell or whether the property owner tried to fix it or warn people about it. All these complexities are why having a premises liability lawyer on your side is so important. They understand all the ins and outs of the law and can build the strongest possible case for you.In the End, It’s About Getting What’s Fair
Slip and fall cases can be challenging, but that doesn’t mean they’re impossible to win. If you were seriously hurt because someone else didn’t keep their property safe, you deserve compensation. So, if you’ve been in a slip and fall, don’t get discouraged by the challenges. Get a lawyer you trust, focus on your recovery, and let them handle the legal stuff. With the right help, you can get the compensation you need to move on with your life.Don’t Wait Too Long
If you’ve suffered an injury in a slip-and-fall accident, you might consider suing the person or company responsible. But did you know that you can’t wait forever to do this? There’s a statute of limitations, which is a deadline for filing a lawsuit. You must complete this deadline to get your chance to get any money at all.What is a Statute of Limitations?
A statute of limitations is a law that sets a time limit on how long you have to sue someone. This time limit is different for different types of cases and in different states. The statute of limitations for slip and fall cases is usually between one and six years, depending on where you live.Why Do We Have These Deadlines?
You might be wondering why there are deadlines for suing someone. There are a few reasons:- Evidence can be lost or deteriorate over time. Witnesses might forget what they saw, or security camera footage might be deleted.
- People move on with their lives. It’s unfair to let someone sue another person years and years after something happened.
- The courts would get clogged up with old cases if there were no deadlines.
When Does the Clock Start Ticking?
The statute of limitations clock typically starts ticking on the date of your accident. So, if you slip and fall on January 1st, and the statute of limitations in your state is two years, you have until January 1st of the third year to file your lawsuit.
There are some exceptions to this rule, but they’re rare. For example, if you suffered an injury as a kid, the clock might not start until you turn 18. Or if the person who hurt you leaves the state, the clock might pause until they return.
What Happens If You Miss the Deadline?
If you try to file your lawsuit after the statute of limitations has passed, the person you’re suing can ask the court to dismiss your case. And unless you fall into one of those rare exceptions, the court will grant their request. That means you won’t get any money for your injuries, no matter how badly you suffered or how careless the other person was.Don’t Take Chances, Talk to a Slip and Fall Lawyer
The best way to ensure you don’t miss the statute of limitations is to talk to a premises liability attorney as soon as possible after your accident. They can tell you exactly how long you have to file your case and help you get started on the process. Talking to a lawyer is a good idea, even if you’re unsure you want to sue. That way, you can keep your options open and make an informed decision when ready.Contact a Premises Liability Lawyer Today
Slip-and-fall cases can be challenging to win, but it’s not impossible. The most important things are to see a doctor, get a good lawyer, and gather evidence. Remember, if you got hurt because someone else didn’t keep their property safe, you can ask for money to help you get better. Call a premises liability lawyer today if you or someone you know has suffered an injury in a slip and fall accident. A personal injury attorney can help you fight for what’s fair and get the money you need to move on with your life.