What To Do After a Slip and Fall
Slip and falls are extremely common in the United States. That’s why you need to be prepared for what happens after your fall. Follow these four steps after your accident to ensure your wellbeing and your rights to damages.
How hard is it to prove negligence in a slip and fall case?
What damages may be claimed in a slip and fall lawsuit?
According to the National Floor Safety Institute, slip and fall injuries amount to $14 million per year in the United States. Victims shouldn’t have to pay for an accident they didn’t cause. Economic damages cover medical costs and any other financial costs that a victim accumulates as a result of their injuries.
These include medical bills, prescriptions, loss of wages due to recovery time, prescriptions, rehabilitation and treatment costs, and any specialty care you may require.
There is no way to quantify the amount of emotional suffering due to slip and fall injuries every year. However, emotional suffering is just as devastating as a physical injury. The courts recognize this and award non-economic damages to victims of slip and fall accidents who suffered due to pain, embarrassment, anguish, anxiety, and/or loss of enjoyment of life.
Punitive damages are awarded in cases of intentional wrongdoing. These are extreme cases of negligence where a property owner went out of their way to create an unsafe environment for visitors.
Punitive damages are supplemental to economic and non-economic damages. They are meant to penalize the property owner for their actions and to dissuade them or anyone else from repeating their negligent acts.
How long does it take to settle slip and fall claims?
As with any personal injury case, slip and fall claims are based on a variety of factors that influence the length of a claim. While some claims can take as little as a few months to be settled, others go into heated trials that take years.
Your attorney will be able to provide the most accurate timeline for how long your slip and fall case might take to be settled. They can best estimate this after going over the details of your case, contacting the property owner through a civil complaint or a demand letter, and determining the property owner’s response to your claim.
Some may assist victims in their recovery without adding additional stressors. Others are combative and willing to take your claim to trial, making your West Palm Beach slip and fall lawyer a necessity. Their expertise allows them to defend your case with up-to-date knowledge of the ever-changing personal injury legal landscape in Florida to get you the maximum compensation.
What should I ask a slip and fall lawyer?
There are various slip and fall lawyers in West Palm Beach. However, they are not all made equal. To determine the best slip and fall lawyer for your case, ask them questions about their education, experience, and fees.
The following questions will help you determine if a lawyer is right for you:
- Can you win my claim?
- What can I do right now to help my claim?
- What should I say to my insurance company?
- What is the value of my claim?
- What challenges do you foresee?
- How long do you expect my case to take?
- How many slip and fall cases have you won?
- Who will be working on my case?
- What is your current caseload?
- How can I contact my legal team?
Slip and Fall Questions and Answers
Why do I need a slip and fall lawyer?
Although you do not legally need a slip and fall lawyer to try a personal injury claim or lawsuit, they are a great asset. Slip and fall cases are extremely difficult to negotiate. The burden of proof is on the victim to determine who is liable, to prove their liability, and to propose the number of damages they’re entitled to. This area of the law is ever-changing. No two cases are the same, meaning that you cannot rely on precedent to help argue your case.
A dedicated West Palm Beach slip and fall lawyer knows Florida’s personal injury laws. They can ensure that your case is filed before the statute of limitations expires and create a strong case for liability that can withstand the opposing side’s rebuttals. They will not leave money on the table. A slip and fall lawyer will ensure that you claim the maximum amount of damages and get higher compensation than you could on your own.
Will insurance companies compensate for slip and fall?
Most individuals have a home insurance policy with a slip and fall clause built in. Similarly, business owners typically have liability insurance to assist in paying for slip and fall victims on their premises. However, their insurance company may be unwilling to pay the victim the full amount to which they are entitled. Insurance companies prefer to offer smaller settlements to avoid going to trial while maintaining their bottom line.
If an insurance company offers you a settlement that is too small, you do not have to accept the compensation. You can continue to negotiate or file a legal claim for damages. Get assistance from a West Palm Beach slip and fall lawyer from Lytal, Reiter, Smith, Ivey & Fronrath.
Should I involve the police in my slip and fall claim?
It depends on the severity of your slip and fall accident. In most cases, the police will not be required to attend the scene of your accident. As most slips and falls do not constitute criminal charges and can be resolved without the assistance of the police, calling them is unnecessary.
You do not need a police report to file a slip and fall claim. You will need an accident report from the property owner that you can send to your insurance, but this can be resolved without the police witnessing it.
In rare cases, you may need the police to attend the scene. Use your discretion to determine what is appropriate for your accident. You can determine this based on the severity of your injuries and the behavior of the property owner. If anyone is belligerent or badly bleeding, the police may be required to attend with or without an ambulance.