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What Does A Slip And Fall Lawyer Do?

A slip-and-fall accident can have traumatic consequences and a significant long-term impact on your life. Though they aren’t always serious, they can lead to severe injuries. Traumatic brain injuries are more common after a fall than any other kind of accident. Every year falls send tens of thousands of people to the emergency room. A fall can also be fatal, and in 2020, 42,114 people died after falling.

If you’ve had a slip-and-fall accident that resulted in injuries, you may discover that you face significant challenges in obtaining compensation for the damages. Insurance companies are not forthcoming, even if you fall at work and your employer has workers’ compensation insurance. Sometimes, the only way to justice is to file a lawsuit. Whether you need help with an insurance claim or a legal suit, a slip-and-fall lawyer can help you pursue a fair settlement.

Protect Your Rights

Insurance companies are not on your side. If you slip and fall on someone else’s property and the property owner’s negligence leads to hazardous conditions that caused your accident, the insurer will look for ways to deny your claim or reduce your settlement. Insurance companies know that most people do not understand premises liability laws or how to protect their rights.

Slip-and-fall lawyers fully understand the legalities of an accident claim. They also know the tactics insurers use to get victims to make statements that the company can use against them in a suit. These days, phone calls get recorded, so the company has a record — physical evidence — that it can present as justification for denying you the compensation you deserve. The defense can also use this evidence in court if you decide to sue.

One of the most important jobs of a slip-and-fall lawyer is to protect client rights. If you hire an attorney, you have someone who knows your rights and works to protect them every step of the way. This role guides the legal professional throughout the process and is incorporated into everything the lawyer does to obtain justice for you.

Build Your Claim

Slip-and-fall accidents are complex. Proving negligence is often challenging. You must demonstrate that you were on the property legally, which is usually the most straightforward element to prove. Once you establish that your presence was allowed, you then must show the following:

  • There was a hazard on the property
  • The property owner knew or should have known about the hazard
  • The property owner did not repair the dangerous condition and did not alert visitors of the threat (property owners can’t simply claim they did not know about the danger)
  • You could not have reasonably anticipated the danger or avoided it
  • The hazard caused the accident that led to your injuries

Expediency is an essential factor in proving that the property owner was negligent. Not only do you need to document the condition and your injuries, but you also have a limited time to file a claim.

An experienced slip-and-fall attorney from Jason Stone Injury Lawyers can help you build your claim and submit it on time. In Massachusetts, you must file a lawsuit within three years from the date you knew about your injuries from a slip-and-fall accident. That may seem like plenty of time, but if you are dealing with an insurance company while also trying to recover from your injuries, that time can pass much quicker than you might think.

Gathering Evidence

Immediately after the accident, you should photograph the hazard and surroundings to prevent the property owner from repairing the condition before anyone can document its existence. You should also photograph your injuries. Regardless of how minor you think your injuries are, getting a medical exam right away is essential. If you call an ambulance, you have proof of your presence on the property, which is especially important if no one else is there to vouch for you.

If others are present and witnessed the accident or the hazardous condition, it’s a good idea to get their contact information. A slip-and-fall accident lawyer can contact them to obtain witness statements to corroborate your accounting, strengthening your case and leaving little room for insurance companies or the defense to deny that the hazardous condition existed. At Jason Stone Injury Lawyers, we also head out immediately to the site and canvas the area for cameras. If we find them, we contact the owners to obtain the footage before it can be erased. Your attorney will also:

  • Photograph the area where the accident occurred
  • Obtain related medical records and doctors’ reports
  • Obtain a copy of the incident report
  • Talk to your employer to get work and wage information
  • Consult with relevant professionals

The more evidence you have, the stronger your case, and our attorneys leave no stone unturned in pursuit of the proof you need.

Calculating Damages

It can be difficult to calculate damages for any injury, even those that seem relatively minor. Severe injuries can have impacts that last long past a claim settlement. Slip-and-fall lawyers consider all past and future factors to calculate your losses’ financial impact. These costs also include the non-economic losses you suffer, such as pain and suffering or mental anguish.

Manage Your Medical Bills

At Jason Stone Injury Lawyers, we want you to focus on your recovery, so we work hard to alleviate your burdens. Your legal team manages your medical bills. They take care of submitting your bills to the appropriate insurance company for payment, so you don’t have to worry about them.

Communicate With Insurers

A slip-and-fall lawyer takes care of all communications with insurance companies. Handling communications isn’t just convenient for you; it’s also important to protect your rights. Lawyers know how to talk to insurers in a manner that does not jeopardize your case. They also understand the legal responsibilities insurance companies have and can ensure the companies don’t get away with acting in bad faith.

Communicate With Defense Attorneys

If you pursue a lawsuit, your slip-and-fall attorney handles all communications with the defense. Our attorneys have experience dealing with defense lawyers and understand their approach to defending their clients and pinning the blame on the victims. Our legal team is also not intimidated by the other side’s often-harsh tactics. You can count on your attorney to fight for justice for you in a lawsuit.

Negotiate a Resolution

Whether you file an insurance claim or a legal suit, obtaining a fair settlement generally involves negotiating with the other side. Negotiation is a delicate balance of skill and art, and a successful slip-and-fall attorney knows how to navigate the process in pursuit of just compensation. You can leave the negotiations to your lawyer while you focus on getting your life back.

Represent You in Court

Your lawyer won’t accept an unfair settlement on your behalf. If the insurance company or defense attorneys fail to reach a satisfactory agreement, your lawyer represents you in the courtroom.

Individualized Attention

At Jason Stone Injury Lawyers, we understand the significant consequences of a slip-and-fall accident. Our goal is to help our clients return to wholeness, and we take every step possible to ensure a smooth path to recovery. If you had a slip-and-fall accident, we help you determine whether you have a case. No matter how minor you think your injuries are, obtaining a legal evaluation of your claim is a good idea. Jason Stone Injury Lawyers offers a free case review to explore your options. Give us a call today. There’s No Obligation, Just Information®.