The central theme of a slip and fall case revolves around a hazard on the property that caused you to slip and fall and resulted in medical expenses. There are certain threshold situations, usually categorized under the “danger of falling” category, under which a slip and fall cause default.
The Fault Line Legal Defense Group provides a three-step approach for dealing with slip and fall cases. This advice provides essential information on how to develop the best case and maximize the chances of a favorable outcome.
Step 1: Defend the Claim
Defending a claim against a person’s liability for injury caused by negligence is the most important and the most important thing you can do. This includes a slip and fall case as well. If you are claiming for a personal injury, any slip and fall is a personal injury claim and you must assert negligence in this case to establish liability, and using the help of a slip and fall attorney can be the best option to make this claim.
The following are general guidelines for calculating your recovery in a slip and fall case.
Determine if you suffered “direct” or “indirect” damage.
If you were directly harmed, you can recover actual damages plus an amount not more than twice the amount of “direct” or “indirect” damages.
For example, if your foot was severely injured and was actually run over by the defendant and he left it there on the ground, you can recover $100,000 for the direct damage. You can also recover the lesser of the following two amounts: (1) two times the “indirect” damage (e.g. $15,000) plus your actual cost to get treatment and medical care; or (2) an amount equal to the difference between (1) and (2).
The situation that is different from other personal injury cases, in this particular case, is that you can claim that you were indirectly harmed, that is, suffered damage to your health or property, and that this damage caused you to fall and injure yourself. In this case, you can also sue the defendant for “wrongful death,” if you can show that he failed to provide adequate maintenance for the property on which you stood or that he failed to fix conditions that were dangerous to your safety or health.
Contact the local District Attorney’s office and make an appointment to meet with a slip and fall specialist to determine if your case qualifies for the fault line defense and, if not, to discuss your case strategy.
Step 2: Locate and Select a Locate and Select a General Lawyer.
If you believe that you have a slip and fall case that you would like to pursue, you will need to contact the proper authorities to determine if a slip and fall case is appropriate. In the absence of these authorities, you must select a law firm with the expertise and experience to handle the matter.
The District Attorney’s office can assist you in identifying a lawyer who is experienced in the slip and fall field, but in many jurisdictions, a specialist firm will provide the right kind of representation to the extent that it is appropriate. In some jurisdictions, such as New York State, this can mean that a specialist firm represents both defendants and plaintiffs in the same slip and fall case. Some specialty firms simply specialize in slip and fall matters, while others are firm dedicated exclusively to this area of law.
In order to properly identify the right kind of professional, you must conduct an investigation into the firm’s practices, an interview with your potential lawyer, and an informational interview with others who have experience with the type of case you are pursuing.