How to File a Slip and Fall Claim
Slip and fall injuries can be debilitating both physically and financially. Moreover, the aftermath of a fall accident can be stressful. You may have to negotiate with insurance companies, plan on time away from your job, and determine whether you should take legal action. All this while attending doctor’s appointments, undergoing medical treatments, and trying to concentrate on your recovery.
Don’t make the mistake of battling for what you deserve on your own, as you could leave money on the table. Having America’s largest injury law firm on your side lets you focus fully on your recovery. Morgan & Morgan’s determined slip and fall lawyers have the resources and experience to fight for what you deserve. We could help you recover damages, such as healthcare costs, pain and suffering, and more.
Contact us now to determine for free whether you qualify for compensation and learn how to file a slip and fall claim.
How to Determine Whether You Have a Slip and Fall Claim?
The first step before you can file a slip and fall claim is identifying whether you have a legal case and qualify for compensation, which can depend on several factors.
Duty of care: A business or property owner owes a duty of care to ensure their property is reasonably safe for visitors. If they failed to fulfill this duty and you were injured, you may have a valid slip and fall claim.
Negligence: To have a valid claim, you must prove that the property owner or occupier was negligent in maintaining their property, leading to the dangerous condition that caused your fall.
Causation: You must also demonstrate that the property owner or occupier’s negligence directly caused your injury.
Damages: To have a slip and fall case, you must have suffered actual damages, such as medical expenses, lost wages, or pain and suffering resulting from the fall.
What Qualifies as a Dangerous Condition?
A dangerous condition in a slip and fall claim is any situation that poses an unreasonable risk of harm to you on a property. Some examples of hazards potentially leading to slip and fall accidents include:
- Wet or slippery floors due to spills, leaks, or cleaning
- Uneven or damaged flooring, such as loose tiles, torn carpeting, or cracked pavement
- Poor lighting that makes it difficult to see obstacles or hazards
- Obstructed walkways due to clutter or debris
- Hazardous weather conditions, such as ice or snow on walkways or floors
- Inadequate handrails or guardrails on stairs or elevated areas
- Lack of warning signs or barriers indicating a hazard
Generally, the property or business owner must maintain their property in a safe condition and promptly address any hazards. If they fail to do so, and you come to harm in a fall, the responsible party may be liable for your injuries and damages.
You shouldn’t have to suffer or be out of pocket due to a property owner’s carelessness. If you believe you have a claim, consult Morgan & Morgan’s slip and fall lawyers as soon as possible to determine your options and the best course of action.
How to Go About Filing a Slip and Fall Claim?
Filing a slip and fall claim can be a complex and time-consuming process. Here are some steps you can take to help ensure a successful claim.
1. Seek Medical Attention
Your best step after a slip and fall accident is to seek medical attention immediately, even if you feel fine or think your injuries are minor. Some injuries, like concussions or internal bleeding, may not show symptoms immediately, but they can be life-threatening if left untreated.
2. Gather Evidence
You must gather and present evidence to support your slip and fall claim. Evidence should prove that the property owner or manager caused your accident and injuries by their negligent conduct, and could include:
- Photographs or videos of the area where you fell
- Witness statements
- Accident reports made at the premises
3. Notify the Property Owner or Manager
Inform the property owner or manager of the incident as soon as possible. Be sure to get their name and contact information, and keep a record of the conversation. The property owner or manager will likely want to conduct an investigation, and you may need to fill in a report. Avoid admitting fault when talking to the property or business owner and employees.
4. Hire an Attorney
If you have severe injuries and believe you have a claim, contact our experienced slip and fall lawyers, who can help you navigate the legal process, negotiate with insurance companies, and help you receive fair compensation for your injuries and damages.
5. File a Slip and Fall Insurance Claim
Your attorney can help you file a claim with the property owner’s insurance company. As a next step, the insurance company will likely investigate the incident and may request additional evidence or information from you. In this situation, it is best to let your slip and fall lawyer handle all communication with the insurance company, as an insurer may use manipulative tactics and could use anything you say against you.
6. Negotiate a Settlement
Once an insurer completes its investigation, it may make a settlement offer. Your attorney will review the offer and advise whether it is fair and reasonable. If the offer is too low, your attorney can negotiate aggressively with the insurance company for a better settlement. Morgan & Morgan never settles for less. If an insurance company wants to shortchange you, we fight them in court.
7. File a Lawsuit
If the insurance company refuses to agree to a fair settlement, your slip and fall lawyer may advise you to file a lawsuit against the property owner or manager. Your attorney will represent you in court, argue your case, and present evidence to support your claim. The court will then determine whether you receive compensation and, if so, how much.
By following these seven steps and working with an experienced slip and fall lawyer, you can maximize your chances of receiving fair compensation for your injuries and other damages.
How Does Morgan & Morgan Fight Hard for Slip and Fall Victims?
According to the Centers for Disease Control and Prevention (CDC), about $50 million is spent annually on medical costs due to fall injuries. If someone else caused your injuries and medical expenses, they should be held accountable. Morgan & Morgan is here for you if you were hurt in a fall on someone else’s property. Your health is our priority. If you work with us, we can assist you with finding adequate medical care.
While you are recovering from your injuries, our experienced slip and fall lawyers can:
- Analyze your slip and fall and determine liability
- Identify all your legal options
- Gather and organize evidence to strengthen your claim
- Determine the entire worth of your claim
- Negotiate with the at-fault party’s insurer
- File a lawsuit on your behalf
- Fight vigorously for the best outcome of your case at trial
Hiring us is free until we win, so there are no financial risks for you. The sooner you get in touch, the sooner we can fight for your rights and recover the settlement you need to move forward with your life.
What Damages Can I Receive With a Slip and Fall Claim?
The compensation you could recover will depend on your expenses, the scope of your injuries, the at-fault party’s degree of negligence, and other facts. However, damages can generally be classified into economic and non-economic.
Economic damages are intended to compensate for your financial losses as a result of the slip and fall accident and can include the following:
- Medical bills
- Lost wages
- Out-of-pocket expenses directly related to the accident
Non-economic damages, on the other hand, are intended to compensate for the more intangible losses you suffered due to your fall, such as pain and suffering, emotional distress, and loss of life enjoyment.
In rare cases, a court may award punitive damages to punish the defendant for particularly egregious conduct.
What Are the First Steps When Filing a Slip and Fall Lawsuit?
Filing a lawsuit usually begins with your slip and fall lawyer preparing and filing a summons and complaint. The complaint letter details the facts of your fall, such as:
- When and how the accident happened
- How the defendant’s negligence caused your slip and fall
- The injuries you suffered
- The compensation you are seeking
Your attorney submits the summons and complaint to the court, together with the court filing fee. The defendant then has a certain amount of time to reply to your complaint letter and either accept or deny the complaint. If the defendant accepts responsibility, negotiations for a settlement can begin. However, if the defendant denies the allegations, your case may move further through the court system and could end up at trial.
How Long Does a Slip and Fall Claim Take?
At the outset, it is almost impossible to say how long a slip and fall claim takes. However, few personal injury cases go all the way to trial, meaning they could be resolved faster with an out-of-court settlement. Generally, the duration of your case can depend on several factors, including:
- The at-fault party or insurer offering a fair settlement
- How willing you are to settle
- How long it takes you to reach maximum medical improvement
- Whether your case is resolved through mediation, arbitration, or trial
- How busy the court is
Getting an experienced slip and fall lawyer at Morgan & Morgan involved in your claim from the beginning could help you recover fair compensation in the fastest possible time.
How to File a Slip and Fall Claim if Injured at Work?
Getting hurt at work can be upsetting and could cause you to worry about your future and the future financial stability of your family. However, you could qualify for benefits and damages if injured in a slip and fall accident at work. Your two main options for seeking compensation include workers’ compensation and filing a personal injury lawsuit.
Workers’ comp is an insurance that provides benefits when employees get hurt at work. To file a workers’ comp claim after a slip and fall, immediately report the accident to your employer and seek medical attention. Your employer will then provide you with the necessary forms to file a claim. Make sure to fill out the forms accurately and provide the requested documentation, such as medical records and witness statements.
Personal Injury Lawsuit
In most cases, employees who receive workers’ comp are barred from suing an employer. However, you could file a lawsuit if a negligent third party caused your fall. To give yourself the best chance of winning a personal injury lawsuit, consult an experienced Morgan & Morgan slip and fall lawyer who can evaluate the strength of your case and walk you through your next best steps.
In either case, whether you are filing a workers’ comp claim or lawsuit, you should act quickly and follow all necessary steps to ensure you receive the compensation you deserve for your injuries. Contacting an experienced attorney can be crucial for your claim, whether you are applying for workers’ compensation benefits or want to hold the responsible party legally accountable for your damages.
Hiring Morgan & Morgan Is Free and Fast
You should not have to pay for someone else’s mistake. If you slipped and fell due to a property owner neglecting maintenance or failing to train their staff properly, they should pay for your damages.
You don’t have to fight alone. We have your back. Morgan & Morgan has helped thousands of slip and fall victims get back on their feet again financially after suffering severe slip and fall injuries, and we could help you too. Contact us now and identify your next best steps with a free case evaluation.