Should You Consult a Personal Injury Lawyer for a Slip and Fall?

According to the Centers for Disease Control and Prevention (CDC), emergency departments recorded approximately three million visits for older adult falls. 38,000 adults aged 65 or older died in fall-related accidents in 2021, making it the leading cause of injury death for the demographic. 

While slip and fall accidents can occur anywhere at any time, many of them are caused by negligence and can be prevented. When property owners and other parties fail to keep their premises safe, they can subject innocent victims to painful and debilitating injuries. 

If you slipped and fell on someone else’s property, you might be wondering about your legal rights and options and whether you should consult a personal injury attorney. Siniard Law, LLC offers free case consultations, so you can learn more about our services at no cost or obligation to you.

What Does a Slip and Fall Lawyer Do?

Slip and fall accidents can cause serious injuries that impact many aspects of a victim’s life. Slips and falls may lay the groundwork for a legal claim against the property owner, building manager, or other at-fault party. A slip and fall lawyer can assist personal injury victims seeking financial awards for the losses they experience. 

Personal injury attorneys can review the facts of your case to determine if it meets the requirements for a premises liability claim. This area of law relates to the legal responsibilities of property owners and their financial responsibility when they fail to maintain their properties. An experienced attorney can inform you of your legal rights and options for pursuing financial compensation, giving you legal advice tailored to your situation. 

If you have a viable personal injury claim, an experienced lawyer can guide you through the process of filing an insurance claim to recover compensation for your losses. 

How a Personal Injury Lawyer Can Help with Your Case

Personal injury attorneys serve many critical roles. They may be able to:

Establish Liability 

An experienced attorney can thoroughly investigate your case to establish liability. Slip and fall cases are typically based on the legal concept of negligence. Your attorney can gather evidence to establish the following legal elements:

Duty of Care

Property owners owe a legal duty of care to visitors. The particular duty they owe is based on the legal status of the visitor as follows:

• Invitees – Invitees are business customers or other people who are usually on the property for the financial gain of the owner. Property owners owe them the highest duty of care. They are responsible for warning visitors of hazardous conditions on the property and remedying dangerous conditions they should be aware of.
• Licensees – Licensees are people who are generally on the property for the mutual benefit of the property owner and themselves. Property owners and occupiers are responsible for warning guests about dangerous conditions on the property and repairing those dangers they actually know about.
• Trespassers – Property owners generally do not owe any special duty of care to unlawful trespassers on their property except to avoid intentionally harming them. However, special rules apply to child trespassers who lack the maturity or knowledge to recognize particular risks.

An attorney can review the particular situation to determine your status at the time of the accident and the duty the property owner owed you.

Breach of Duty

A breach of duty occurs when the property owner does something or fails to do something in violation of their duty of care. Slips and falls can occur for many reasons, such as:

• Failing to clean up spills
• Wet or slippery floors
• Missing or broken handrails on a stairway
• Missing or broken steps
• Uneven flooring
• Cracked pavement
• Inadequate lighting 
• Cluttered walkways

As part of the investigation, your lawyer can review personnel, maintenance, and inspection records to determine whether the property owner knew about the hazard but failed to correct it. If they were aware of the hazard and did not take reasonable action promptly, they may be liable for the resulting injuries.

Causation 

As the plaintiff of a personal injury case, you are responsible for showing that the breach of duty was the direct and legal reason for your fall. Your lawyer can gather evidence to establish causation, such as:

• Accident reports
• Witness statements
• Photos of the accident
• Surveillance footage
• Maintenance records

Attorneys know how to preserve critical evidence in personal injury claims before it is lost or destroyed.

Damages

Finally, you must show that the slip and fall injuries have caused you to suffer damages for which a court can compensate you. Slips and falls may result in severe injuries, such as:

• Hip fractures
• Traumatic brain injuries

These injuries can result in significant medical expenses, temporary or permanent disability, lost wages, and considerable pain and suffering. Your lawyer can compile evidence to establish the full extent of your damages. 

Devise a Legal Strategy

Once your lawyer has established how the accident happened and who is responsible, they can devise a legal strategy to pursue compensation from the responsible parties, which might include the following:

• Property owner
• Building manager
• Business
• Employer
• Product manufacturer 
• Renter

With years of experience and an in-depth understanding of premises liability law, our attorneys can help build a solid legal claim on your behalf.

Deal with Insurance Companies 

While some people think they only need a slip and fall lawyer if their case goes to trial, most of these claims are resolved with an insurance claim. A premises liability lawyer can handle communications with insurance companies and their adjusters so you don’t say anything that could harm your claim. 

Premises liability attorneys can also prepare a demand letter that establishes your right to compensation and states how much money you agree to settle your case for. The insurance company may respond to your demand by offering you less money. An experienced lawyer can negotiate for fair compensation, advise you against accepting a too-low settlement, and ensure you consider the long-term impact of the injuries on your life. 

Handle Legal Claims

If your lawyer cannot secure a fair settlement, they can prepare a lawsuit on your behalf. They can represent you during litigation, including by filing pre-trial motions, conducting discovery, and continuing to negotiate for full and fair compensation. 

Save Time and Money 

By efficiently managing your case, fully accounting for the damages you suffered because of the accident, and carefully preparing your case, your attorney may be able to maximize your compensation and save time.

Reduce Stress  

Many personal injury claimants underestimate the work involved in slip and fall claims, especially when they are already dealing with painful injuries. A lawyer can take the stress of a personal injury claim off your shoulders and handle all legal aspects of your claim so you can focus on your recovery.

Are Slip and Fall Cases Hard to Win?

Slip and fall cases can be complex and challenging to win. You must often be able to show what the property owner and when they knew it as an essential element of the claim. This can be difficult, and property owners will not readily accept responsibility for injuries that occur on their properties. An experienced lawyer can give you a more realistic idea about the potential to win your case. 

When You Might NOT Need a Lawyer 

You have the right to hire a slip and fall lawyer at any time. On rare occasions, you may not need a lawyer. For example, if you suffered minor injuries, liability is clear, and the property owner accepts responsibility for the accident, you may be able to handle a minor personal injury claim on your own.

How to Handle a Slip & Fall Case on Your Own

Some of the ways that you can build a strong slip and fall case include:

• Reporting the accident
• Asking witnesses for their names and contact information
• Photographing the accident scene for any factors that may have contributed to your injuries
• Seeking prompt medical attention
• Keeping detailed records 

Do not hesitate to contact a slip and fall lawyer if this process is too overwhelming for you. Lawyers can handle the legal aspects of your claim, giving you the space and time you need to heal.

What Damages Can I Recover in a Slip and Fall Case?

In Alabama, personal injury victims can seek compensation for the economic and non-economic damages stemming from the accident. Economic damages compensate for financial losses, such as:

• Past, current, and future medical expenses
• Lost wages
• Reduced earning capacity
• Property damage

Non-economic damages compensate for subjective losses you experience, such as pain and suffering, mental anguish, and emotional distress. 

How Much Is a Slip and Fall Case Worth?

Every personal injury case is different. The potential value of your claim can depend on various factors, such as:

• The type and severity of injuries you suffered
• The type of medical treatment you had to receive
• The costs of your medical treatment
• The value of your lost wages
• Whether your injuries resulted in disabilities or impairments
• Who is responsible for your injuries
• Insurance coverage available for your claim
• Whether you contributed to the accident

An experienced attorney can give you a better sense of the potential value of your claim after carefully analyzing all the factors relevant to your case.

What Is the Deadline to File a Personal Injury Lawsuit in Alabama?

If you are unable to settle, you must file a personal injury lawsuit within the applicable statute of limitations. This is the time limit you must file a lawsuit to preserve your rights. The statute of limitations for filing a personal injury lawsuit in Alabama is two years from the accident date. If you miss this deadline, the court can dismiss your case, and you can lose your right to recover compensation for your injuries. 

Choose the Right Slip and Fall Lawyer

If you were hurt in a slip and fall accident, you may be unsure of your legal rights and options. The slip and fall lawyers at Siniard Law, LLC have the experience and results you can rely on. With decades of experience and financial recovery of over $175 million for our clients, we are a full-service personal injury law firm with a client-first approach. Contact us today to take advantage of a free, no-obligation consultation.