Do I Need an Attorney for My Slip and Fall Accident?
November 22, 2022
You do not have to have an attorney for a slip and fall accident, but they can relieve you of the burden of the legal process while you rest and recover from your injuries. Slip and fall accidents can be difficult for victims to prove on their own, and the Nevada legal system may feel challenging to navigate without help. Attorneys for slip and fall accidents have the knowledge to manage your case for you and help you pursue fair compensation for your injuries.
Causes and Consequences of Slip and Fall Accidents
Slips and falls can occur anywhere, and they happen for many reasons. They often take place in nursing homes, at work, or on private property, and depending on the circumstances, they can lead to serious injuries. According to the National Safety Council (NSC), nearly 35,000 people lost their lives as the result of falls at home and at work in 2016, and the Centers for Disease Control and Prevention (CDC) adds that millions of older people, who have a higher risk of suffering injuries, fall each year. The agency reports that 3 million people aged 65 and older receive treatment in emergency rooms annually for fall-related injuries, and nearly 40% of those hospitalized after a fall suffer hip fractures.
Victims of slip and fall accidents often have to take time off work and incur substantial medical debt in addition to the pain from their injury, which can make it difficult to recover both physically and financially. A lawyer can help the victim seek the financial recovery they need to recover and return to work.
The Benefits of Hiring an Attorney for Your Slip and Fall Accident
Property owners and their insurance companies may do whatever they can to avoid paying out on slip and fall claims, even when victims suffer serious injuries. The fact that slip and fall cases can be difficult to prove works to their advantage, making it easier for adjusters to undermine the effects of the fall and avoid taking responsibility for it. Attorneys can guide you through each step of the process to help you avoid being manipulated into accepting less than the value of your damages.
Handling the Investigation
In order to prove your claim, an attorney will start by investigating your case and gathering evidence that can determine how your injury occurred and prove liability. Surveillance videos, photos of your injury, medical bills, witness testimony, and other types of documentation and statements may help your attorney demonstrate that your accident was not your fault.
Establishing the Liability of the At-Fault Party
The evidence an attorney gathers to build your case can help prove the negligence of the liable party. To do this, they must prove that the at-fault party had a duty to keep you safe from harm within reason. For example, a store owner can be held responsible for broken floor tiles if they cause injury as they present a danger to the victim. Then, they will prove that the party failed to adhere to their duty, which led to your injury, and that your injury caused you to accumulate significant damages.
Filing Your Claim on Time
Each state has a statute of limitations on personal injury claims, including slip and fall accidents. If you suffered an injury as the result of a slip and fall, NRS §11.190(4)(e) states that you may have up to two years from the date of your injury to file your claim. An attorney can determine how much time you have to move forward with your claim and help you get started on it right away.
Negotiating Your Settlement
Determining whether an insurance company has offered you a fair settlement amount begins with an evaluation of your damages. After assessing the total of your losses, an attorney can handle all communication and negotiation with the insurance adjuster on your behalf to help you seek just compensation for your injuries. The financial recovery you may receive for your injuries depends on your case, but you may receive a settlement for one or more types of damages, including your medical bills, lost wages, future loss of earning capacity, and past and future pain and suffering.
Taking Your Case to Trial if Necessary
In most cases, lawyers prefer to settle pain and suffering cases out of court. However, if they cannot achieve adequate compensation for you, they will go to court to fight for your case at trial.
Contact Bernstein & Poisson for Help with Your Slip and Fall Case
You may not need an attorney for your slip and fall accident case, but ours may make it easier to manage the claims process and pursue the results you deserve. Attorneys Jack Bernstein and Scott Poisson have over 60 years of combined experience and have achieved hundreds of millions of dollars for our clients.
If you suffered an injury in a slip and fall accident, we can determine if you qualify for financial recovery and help you take the next step in your case. Contact our legal team today for your free case evaluation.
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“After being in an accident my friend told me to call Bernstein and Poisson. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”