Slip and fall accidents can happen at any time, often resulting in extensive injuries. Whether you slipped on a wet floor in a grocery store or fell due to a broken staircase, it is important to understand the process of filing a slip and fall claim or lawsuit. The legal process may vary depending on the specific details of the accident but having a basic understanding can go far in helping you prepare for your impending legal action. Work with a skillful Rockland County slip and fall lawyer for experienced representation and legal advice.
What is the Process of a Slip and Fall Claim?
After being injured in a slip and fall you should pursue legal action in the form of an insurance claim or lawsuit. Besides seeking medical attention, documenting the scene of the accident, and calling for help, below is a general outline of the process.
- Gather evidence: When you decide to take legal action against someone the most important thing you can do is procure evidence to support your claim. Take pictures of the accident scene, hazardous conditions, and visible injuries sustained. Talk to any witnesses and ask for their contact information so you can get a statement. Surveillance footage and medical records will also help prove your side and demonstrate the impact the accident had on you.
- Consult an attorney: While there is no law requiring you to retain legal representation for a slip and fall claim, it is recommended to consult an experienced personal injury lawyer. Your lawyer can help evaluate the strength of your case, gather and organize evidence, negotiate with insurance companies, and ensure you meet all necessary deadlines for filing your claim. Many personal injury lawyers, including the ones at Mitchell J. Schroeder, P.C., offer free initial consultations. Take advantage of this opportunity to discuss your case with a skilled professional.
- File a claim: With the help of your lawyer, file a claim with the at-fault party’s insurance company. In a slip and fall accident, this is generally the property owner. Explain the details of the situation including how the accident happened, your injuries, and the damages or compensation you are seeking. This may include medical expenses, lost wages, pain and suffering, etc.
- Negotiation and settlement: The insurance company may offer you a settlement. Settling will be the quickest and easiest way to resolve the claim but it is important that their offer is fair. Insurance companies are notorious for trying to settle for the lowest possible amount. With the help of your attorney, you can negotiate for a fair settlement and ensure your rights are protected. If a mutual agreement can be reached, you will sign and accept their offer, waiving your right to pursue further legal action. Your settlement will then be paid to you.
If you cannot come to an agreement with the insurance company, you may have to resort to litigation. Reach out to an experienced attorney to learn more about your legal rights and options after a slip and fall.
