If you have been in a slip and fall accident, you may be entitled to significant compensation. However, your right to compensation does not guarantee a proper settlement. Victims typically need slip and fall lawyers to recover what they deserve. But just how do these lawyers help?
Initial Consultation
Slip and fall lawyers usually offer potential clients free consultations. During this meeting, lawyers carefully review victims’ cases to determine, at the very minimum, whether they have a valid personal injury compensation claim and approximately how much their claim is worth.
These initial consultations with injury lawyers are crucial because they inform client and lawyer alike whether a case should move forward. They are also offered at no cost to the client, which means slip and fall victims lose nothing but a little time scheduling and attending these consultations.
Slip and fall victims also need not pay attorney’s fees unless their attorney wins compensation for them. Known as contingency-fee billing, paying at the end of the case spares victims from having to come up with funds to receive representation.
Investigating and Gathering Evidence
In order to build a strong case, slip and fall lawyers must thoroughly investigate the facts of your case. Remember that with the law, it is not what happened that matters; it’s what you can prove. Hence, Houston slip and fall attorneys devote substantial resources to investigating and gathering pertinent evidence for clients’ cases.
Attorneys also use their experience and education to work within the rules of evidence and civil procedure in order to stay compliant with the law.
Establishing Negligence and Liability in Texas
In Texas, you must prove liability in order to collect damages in a slip and fall case. Additionally, you must do so in a way that is consistent with the law and civil procedure. Experienced slip and fall lawyers have a firm grasp on all relevant laws and rules and know how to procure the evidence they need, even through compulsion.
Negligence
Negligence is the basis of liability in slip and fall cases. It refers to behavior that falls short of certain standards imposed by a duty of care. A duty of care exists when one party must take reasonable steps for the sake of the safety of another or others.
In slip and fall cases, property possessors (owner, tenants, lessees, etc) have a duty of care toward visitors to their properties, be they commercial visitors (clients and customers) or social guests (friends and family). Depending on the type of visitor, the duty may require:
- Remedying known hazards on the property
- Regularly inspecting a property to discover hazards
- Warning visitors of hazards
Generally speaking, visitors who confer a commercial benefit upon the property possessor are owed the highest duty of care. Known as invitees, they include restaurant patrons, mall-goers, and visitors to government offices. Property possessors must keep them reasonably safe from known dangers and dangers discoverable upon inspection.
Licensees, on the other hand, are owed a lesser duty of care. Property possessors need only warn of or remedy hazards that they themselves are aware of. Trespassers, a third type of visitor, are owed no duty of care. However, a trespasser may sue for intentional harm visited upon them by a property owner or tenant.
When you hire an attorney, they will thoroughly investigate the incident to determine the duty owed to you and gather evidence to show that the negligence in question actually caused your damages.
Handling Negotiations With Insurance Companies
Insurance company negotiations without a lawyer result in quick, low-ball compensation payments for victims. With a lawyer involved, however, insurance companies don’t get off so lucky. Once a victim attaches counsel to their claim, insurance company adjusters quickly realize their tricks and tactics to pay less will not work.
Calculating Fair Compensation
There are various types of compensation in slip and fall cases. Victims need seasoned attorneys who know how to meticulously calculate and recover every owed damage, including:
- Medical and hospital costs
- Lost income
- Medical travel and other expenses
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
Whatever your circumstances, your slip and fall lawyer will work diligently to prevent compensation from being left out of the equation.
Representation in Court When Necessary
When negotiations with an insurance company fall apart, your attorney may advise you to file a lawsuit to compel payment. Although most slip and fall cases are resolved without a lawsuit, many need them to ramp up the pressure.
Effective and Pertinent Support and Guidance Along the Way
Slip and fall compensation cases can be trying for victims. Experienced attorneys provide them with support and guidance throughout to help them make appropriate decisions and choices. Victims are also kept well within the loop while their cases are ongoing, which gives them the peace of mind they need during this tough time.
FAQ
Should I Communicate With the Insurance Company Handling My Case?
Your attorney should handle all communications with the insurance company. Anything you say may be used to reduce your claim or even reject it.
What Is the Statute of Limitations for Slip and Fall Cases?
There is a two-year statute of limitations for slip and fall cases. For cases against the government, victims must notify the agency of their intent to sue within 90 days of an accident.
Will My Case Go to Trial?
It is not likely that your slip and fall case will go to court. If it does, your attorney will provide you with effective representation.
Schedule a Free Consultation Today
If you have been in a slip and fall accident, the compensation you need may be in jeopardy without a Houston slip and fall lawyer.
Insurance companies hold their purse strings tight as they fight to pay less or nothing at all. Ramsey Law Group has the experience and track record to hold them accountable and get you the funds you deserve. Call today for a free consultation.