Slip and fall accidents can occur anywhere, from the casino to your hotel or apartment parking lot.
If you were grievously injured on someone else’s property because they failed to mitigate a known hazard, you might be entitled to compensation for your medical bills, lost wages, and current and future pain and suffering. A slip and fall lawyer at Bernstein & Poisson can support you in your fight for justice.
What Are the Most Common Causes of Slip and Falls?
According to the Centers for Disease Control and Prevention (CDC), the most common causes of slip and falls include clutter in walkways and uneven steps.
However, additional hazards can include:
- Slippery surfaces, like newly waxed floors
- Overgrown foliage
- Overextended cords or exposed wires
- Puddles, like from rain, snow, or spilled beverages
- Unanchored carpeting
- Broken tiles
You will need to prove the cause of your slip and fall accident to recover compensation. Your slip and fall lawyer from Bernstein & Poisson can do this for you. They can get photos of the hazard that harmed you (if possible), review the accident report, and view security camera footage.
We will build your case on the assertion that because a property owner or manager did not remedy a hazard, you slipped, fell, and were injured.
What Happens to Your Body When You Slip and Fall?
What happens to your body when you fall depends on a variety of things, such as:
- Your age
- Any pre-existing health conditions you may have
- The angle at which you fell
- The height at which you fell
- Whether the surface on which you fell was hard, soft, or something in-between
The CDC reports that falling can cause serious injuries, like broken bones, internal bleeding, and traumatic brain injuries. Some falls can even be fatal.
The organization notes that falling also disproportionately affects seniors. This is because they often struggle with conditions (like difficulty seeing or walking independently) that make them more prone to falling.
Over 800,000 people each year are hospitalized due to falls. If you were involved in such an accident, you should seek medical attention to learn more about your condition.
What Happens When You Slip and Fall at a Store?
If you slip and fall at a store and you were able to retain your mobility, you should report the incident right away. Tell the person in charge where you fell, how it happened, and whether you feel hurt. By reporting the incident, you take the first step in documenting what happened.
If you suffered severe injuries as a result of your fall, you could expect the following things to take place:
- An employee will call emergency medical services. While you wait, they may ask you to stay still, so you do not aggravate your injuries.
- An employee may take down your contact information, where you fell, and the extent of your injuries.
- The paramedics will arrive. Upon assessing your situation, they may ask you to go with them. Do not refuse medical care, as this could hurt your potential personal injury claim.
- A nearby hospital or healthcare facility will treat you.
After the incident, the store’s management may try to call you. While they may appear compassionate, their goal is to protect their employer’s interests. They may ask you questions that get you to downplay your injuries or admit other pieces of information.
When you work with Bernstein & Poisson, our team can field all the parties’ calls. We can also determine whether the store took appropriate action after you were hurt.
What Are the Effects of a Fall on an Older Person?
The CDC reports that over 3 million seniors each year are treated for fall-related injuries. Upon falling, an older person may experience:
Seniors are more likely to suffer severe injuries upon falling because of their pre-existing health conditions. For instance, many seniors struggle with osteoporosis, which makes their bones weak. Upon falling, their bones may break.
Some of the most common types of fall-related fractures for older individuals include:
- Broken wrists
- Broken arms
- Broken ankles
- Broken hips
Mental Health Complications
Once a senior falls for the first time, their chances of falling again increase. To avoid such an incident from happening again, an older person may:
- Be less active than they used to
- Avoid leaving their home
- Refrain from activities they once enjoyed
Isolation, combined with a lack of physical activity, can reduce a senior’s lifespan. It can also put them at risk of developing anxiety or depression.
When Would Someone Falling Become a Cause for Concern?
According to the World Journal of Surgery, after someone falls for the first time, their chances of falling again increase. In a study conducted by the journal, they examined the situations of over 300,000 seniors that fell for the first time.
Within six months, nearly 5% of these individuals were hospitalized again for falling. Patients suffered from traumatic brain injuries, broken bones, and internal bleeding.
Here are some things to ask yourself when deciding whether to be concerned for someone’s well-being after falling:
Has the Fall Happened Before?
If someone has fallen once, they could fall again––this time suffering more severe injuries than the first time. If your loved one fell once before, you should consider:
- Whether they can continue to live independently
- Whether their home’s furniture needs to be rearranged (to allow them to have clear walkways)
- Whether your loved one could benefit from a cane, walker, or wheelchair
The Extent of Their Injuries
If your loved one fell, you may be unsure of whether emergency medical care is necessary. Some conditions are not immediately apparent. By speaking with a healthcare provider, you can learn more about your loved one’s condition and keep it from getting worse.
Seeking medical attention also helps tie your injuries to the accident, making it harder for the liable party to argue they did not cause your losses.
Falling is always a cause for concern. If you or a loved one has fallen, you should take measures to prevent it from happening again and seek medical care.
When Should You Go to the Doctor After a Fall?
You should go to the doctor immediately after falling because:
- Some injuries do not immediately show symptoms.
- You want to document your injuries as soon as possible.
- Delaying medical care could make your condition worse.
- A doctor can provide testimony that could help your personal injury case.
When you file your claim, the insurer will want you to show proof of your injuries. While reviewing the information you provide, they will also be looking for details to discredit your claim and the cost of your losses.
If you delay seeking medical care, they could argue that your injuries did not come from the fall, and they are not liable.
Information You Should Keep While Visiting Your Doctor
Whether you are visiting your primary care doctor or an emergency room physician, here are some things that you should keep for your records:
- The results of your imaging scans and blood tests
- The names of your healthcare providers
- The location that treated you
- Any medications that you were prescribed
- The dates of any follow-up appointments
Your slip and fall lawyer from our team can use this information to connect your injuries to the accident in question.
What Injuries Can You Get from Falling?
The types of injuries you can get from falling depend on where you fell and how old you are. However, in general, some injuries that you can get from falling include:
You could break a bone in your arm, wrist, or hand while trying to catch yourself mid-fall. You could also break your leg, ankle, or foot upon impact.
Traumatic Brain Injuries
The CDC says that falls commonly cause traumatic brain injuries. Hitting your head on a solid surface could disrupt your brain’s function, leading to things like:
- Slurred speech
- Loss of consciousness
Healthline reports that falls can cause internal bleeding. This can happen in the abdominal cavity since bones do not protect your stomach, liver, and kidneys.
Symptoms of internal bleeding include:
- Tingling sensations
- Difficulty breathing
- Loss of coordination
- Changes in vision or hearing
These are just some of the injuries that you can suffer in a fall. Other types of injuries include sprains, strains, and lacerations.
What Are the Most Serious Consequences of a Fall?
The CDC reports that falls are the leading cause of accidental deaths for people over the age of 65––and that number is increasing. Death is one of the most serious consequences of a fall.
However, other consequences include:
Living with a Disability
After falling, the injured person may no longer be able to live their standard quality of life. They may have difficulty feeding themselves, bathing, and walking independently.
Additionally, if the injured person suffered from a traumatic brain injury, this could permanently alter how they communicate and process information.
Being in a Vegetative State
While a person might survive a fall, they may lose consciousness or enter into a vegetative state. In the latter situation, while they may seem to be awake, they will not have the ability to communicate or respond to stimuli. The affected person may only stay alive while on a feeding tube or life support.
Having Long-Term Injuries
After falling, many people require physical therapy. This treatment could involve walking for short distances with an assistive device or doing stretches with a therapist.
Even after completing their therapy regimens, some patients may not move as freely as they used to before their falls.
How Does a Slip and Fall Case Work?
How a slip and fall case works depends on many circumstances, including the availability of evidence and the insurance company’s willingness to settle.
Your case may resolve in one of the following ways:
An Insurance Claim
You will file your claim with the liable party’s insurer. They could represent a store, individual, or government department. After filing your claim, the insurer will either deny your claim or present a settlement offer.
If the initial settlement offer does not cover your losses, then you can negotiate a settlement. You can have a slip and fall lawyer from our team do this for you.
To settle, your lawyer may:
- Present the cost of your damages, along with their invoices, billing statements, and receipts
- Cite the policy’s details
- Present proof of how you were injured
- Protect you against bad faith insurance tactics
If your legal team cannot settle, they can file a personal injury lawsuit against the negligent party.
A Personal Injury Lawsuit
Your lawyer will continue negotiating with the insurer even after they file your lawsuit. As your case develops in court, they will:
- Communicate with the defendant’s legal team
- Establish negligence
- Show evidence of your injuries and financial losses
- Get testimony from witnesses
- Consult experts on your case
- Build and present an argument
Your time to file a claim or lawsuit may be limited, so you must consider your legal options as soon as possible.
How Much Can You Sue for a Slip and Fall?
How much you can sue for a slip and fall depends on your situation. Some states place caps on the amount of money injured claimants can seek. However, this may not be the case in your situation.
Some factors that can determine how much money you can ask for include:
- The severity of your injuries
- The cost of your economic damages
- Your expected recovery period
- Your quality of life
- The amount of time you have missed from work
Our team can evaluate your losses and add them up to determine the value of your case. After we arrive at a figure, we will present it to the liable insurer. Their response will let us know whether we should negotiate or file a lawsuit.
How Long Does a Slip and Fall Case Last?
Each slip and fall accident case comes with its own set of circumstances. Because these cases vary so wildly from one to the next, we cannot provide an accurate answer to how long it will take to settle your case.
You could resolve your case in a matter of weeks, months, or years. It all depends on:
The Liable Insurance Company’s Cooperation
If the insurance company is willing to negotiate and settle your case, this could lessen the time it takes to get a settlement. If they refuse to answer our calls, deny liability, or otherwise play games, this process could take a long time to navigate.
Your Health Condition
When we fight for compensation, we will account for the cost of your past, present, and future healthcare expenses. Yet, if your condition requires ongoing medical care or is still evolving, it could delay the progression of your case.
You would not want to accept a settlement that does not account for the cost of your anticipated expenses.
The Evidence We Collect
Insurance companies are more inclined to pay out claims that are straightforward and supported by evidence. If they believe that there is not adequate information to support your case, they could delay the claims process.
While you work with Bernstein & Poisson, we will keep you updated on your case’s progress and do everything in our power to keep it moving forward. If the insurance company tries to delay your claim, we will push back against these attempts.
What Is the Average Slip and Fall Settlement?
There is no information regarding the average slip and fall settlement. As noted, how much you can recover will depend on your situation.
In general, your settlement will include the cost of your economic and non-economic damages. Your economic damages will be losses that have financial value. Your non-economic damages are things that affected you mentally and physically.
We Have Won Slip and Fall Cases in the Past
We have won hundreds of millions of dollars for our clients, and we are determined to get a fair outcome for you, too. Here are some of our successes in handling slip and fall accident cases:
- We secured $1.75 million for a client who suffered burns and regional pain syndrome after slipping and falling.
- We won $365,000 for a client who suffered neck, back, and shoulder injuries after falling.
- We got $85,000 for someone who suffered a fractured leg in a slip and fall.
We are committed to helping you and your family recover the cost of your losses.
How Much Time Do You Have to Sue After a Slip and Fall?
How long you have to sue after a slip and fall depends on the state you live in, as well as other details of your situation.
If you live in Nevada, you generally have two years from the date of your accident to sue the negligent party, per NRS §11.190(4)(e). If you lost a loved one to a slip and fall, you have two years from the date of their passing to file.
You could have more time to act if:
- You suffered injuries as a minor under the age of 18.
- The party responsible for your losses left the state or hid their identity.
- You did not discover your injuries until after the accident had occurred.
A slip and fall lawyer from our legal team can assess your situation and explain how long you have to take action. They can also clarify whether any exceptions apply to your case.
What Does a Slip and Fall Lawyer Do?
Your slip and fall lawyer’s goal is to recover compensation for your injury-related losses, whether that be through an insurance claim or a lawsuit.
Your lawyer will be responsible for:
- Gathering evidence. This will involve talking to witnesses, field experts, and your family members. Your lawyer can use the accident report, your medical records, and other pieces of information to support your side of the story.
- Determining fault and liability. The at-fault party in your case is the party that caused your accident. The liable party will be the one that pays for your losses. Our team can use the evidence we find to determine who should be held accountable for your accident-related costs.
- Calculating the cost of your damages. We can use your receipts, invoices, and billing statements to determine the cost of your losses. We may also consult healthcare professionals and economists to learn how much your future losses are worth.
- Proving negligence. Your lawyer will need to show that you suffered injuries and damages because of another party’s negligence through our investigation.
These are just some of the things that your lawyer can do for you. They can also file your claim, negotiate a settlement, and manage all necessary communications.
What Do I Look for in a Slip and Fall Attorney?
When looking for a slip and fall attorney, here are some things to ask yourself:
How Will I Pay for a Lawyer?
Our lawyers work on a contingency-fee-basis. What does this entail? It means that:
- You do not pay your lawyer to get started on your case.
- We do not operate on an hourly basis.
- You do not pay us any retainers.
- We get paid out of the settlement or court award we recover for you.
You do not have to worry about how you will afford representation with us on your side. If we can’t win your case, then you do not pay our attorney’s fees.
Do I Want a Lawyer with Experience?
Our founding partners, Jack Bernstein and Scott Poisson, have over 60 years of combined legal experience. We handle everything from slip and fall cases to dog bites.
We will use our negotiating skills and litigation experience to work for you.
Do I Have a Case?
You do not need to learn personal injury law and evaluate your case’s validity by yourself. Our team can do that for you. We can determine whether you were harmed by negligence and explain what measures could help you.
How Do I Win My Slip and Fall Case?
To win your slip and fall case, you and your legal team need to prove that your injuries were a result of negligence.
As the American Bar Association (ABA) notes, we must prove:
- Duty of care. The property’s owner or manager had an obligation to keep you safe.
- Breach of duty. The property owner or manager failed to keep you safe by allowing hazardous conditions to exist on their premises.
- You slipped, fell, and suffered injuries because of this breach.
- You suffered emotional, financial, and physical losses because you got hurt.
If you can prove these elements, then you could be awarded compensation for your losses. Proving these elements is not easy, though. With a lawyer from our team on your side, you can focus on your physical and emotional recovery while we advocate for your right to financial recovery.
Am I Entitled to Compensation for My Slip and Fall Injury?
We cannot tell whether you are entitled to compensation before we evaluate your situation. Once you connect with our team and we review your case, we will look for the following:
You Suffered Injuries Due to an Avoidable Hazard
If you tripped and fell on your shoelaces, you probably would not be entitled to compensation. This is because the property owner or manager did not act negligently—it was your actions that caused your accident.
However, if we can prove that you suffered harm due to an avoidable hazard, like a spill, then you could have a case against the negligent party.
The Property Owner Knew (or Should Have Known) About the Hazard
You must prove that the property owner or manager knew about (or should have known about) the hazard that harmed you but didn’t do anything about it. We can prove this by using security camera footage and taking statements from witnesses.
You Have Losses
You must have losses because of your injuries to pursue legal action. Some damages in your case could include your healthcare expenses, pain and suffering, and lost wages.
Again, do not worry about determining whether you have a viable personal injury case. Let Bernstein & Poisson do that for you.
Am I Entitled to Recover Damages if I Noticed the Hazard Before My Slip and Fall Injury?
Am I entitled to recover damages if I noticed the hazard before my slip and fall injury?
It does not matter whether you noticed the hazard that led to your injuries or not. All that matters is that the property owner knew that the hazard was there but did not address it and you couldn’t avoid it.
Property owners can ensure the safety of their premises by:
- Putting up “wet floor” signs
- Sealing off unsafe areas
- Routinely monitoring their premises
- Cleaning up spills as soon as they happen
- Keeping walkways free of clutter or debris
If you suffered injuries, but a wet floor sign signaled the hazard, it would be difficult for you to recover compensation since the property owner took measures to keep others safe.
However, if you suffered injuries due to a hazard that you noticed but the property owner did not take care of, you could be eligible for financial recovery.
You Could Recover Damages Even if You Were Partially at Fault
NRS §41.141 says that as long as you are less than 50% responsible for what happened, you could still recover the cost of your damages. Yet, your role in the accident could reduce the money you can get.
For instance, if you were deemed 25% at fault for your accident, then you would only be able to recover 75% of your losses. If the insurance company unfairly tries to pin the accident on you, refer them to your legal team. We will make sure their determination of fault is accurate.
How Do Slip and Fall Accidents Occur?
The Occupational Safety and Health Administration (OSHA) notes that slip and falls are usually due to a loss of traction between your feet and the floor. The organization notes that melted snow, fresh rainfall, spills, leaks, and wet surfaces can cause slips.
Additionally, the National Floor Safety Institute (NFSI) says that floors and flooring materials account for 2 million falls each year. Cracked tiles, uneven flooring, and torn carpeting can all contribute to slip and fall accidents.
Slip and fall accidents can happen when:
- Employees do not regularly monitor a store’s premises.
- Puddles, spills, and leaks are left unaddressed for long periods.
- A disabled person comes across a hazard that a non-disabled person could avoid.
- Someone is wearing inappropriate footwear.
Most slip and fall accidents are avoidable. As such, many slip and fall accidents are the results of negligence. When a property owner or manager does not uphold their duty of care, they put everyone around them at risk of harm.
Should I Go on Record for the Insurance Company after My Slip and Fall Accident?
After reviewing your case, we can explain whether providing the insurance company with a recorded statement could benefit you. For the most part, however, we advise clients against this. Giving a recorded statement could give the insurance company ammunition to question your case’s validity and the cost of your damages.
If the insurance company asks you to give a recorded statement, connect them to your slip and fall lawyer from our team. We can:
- Give the claims adjuster all of the necessary information they need
- Recognize and counteract any bad faith insurance practices
- Prove that you were the victim of negligence
- Use evidence to show the cost of your damages
We do not want you to feel obligated to do what the insurance company says. They represent their interests, not yours. Allow our team to handle the claims process for you. If the insurance company calls you, hit “decline” and let us handle it.
Do I Have to File a Lawsuit to Get Paid after a Slip and Fall Accident?
You will probably not have to file a lawsuit to recover compensation, as explained by the ABA. You will likely be able to resolve your case by negotiating with the liable insurer.
We typically only file a lawsuit if we find that the insurance company is unwilling to offer a fair settlement. Your slip and fall lawyer can manage everything involved with filing your lawsuit, such as:
Filing Your Case within the Appropriate Deadline
We will review your case and explain how long you have to file your lawsuit under the state’s statute of limitations. We can handle all of the filing and paperwork involved in your lawsuit, as well.
Getting Testimony from Field Consultants
We will consult field experts to gain insight into the facts of your slip and fall case. Some of these people include:
- Medical professionals
- Accident reconstruction specialists who handle slip and falls
- Mental health professionals
We may also ask these individuals to appear in court on your behalf.
Talking to the other Party’s Legal Team
With Bernstein & Poisson on your side, you do not have to worry about talking to the defendant or their legal team. We will handle all necessary communications for you.
If your case makes it to court, that is not a problem for us. We have experience both in and out of court.
Where do Most Slip and Fall Accidents Occur?
You could have suffered injuries in any one of the following locations:
The store where you were injured could have been a grocery store, department store, or another location. In this instance, you could hold the store’s corporation responsible for your losses.
A Friend, Neighbor, or Family Member’s House
You could have fallen at someone’s private residence. Depending on the details, you could file a claim with their homeowners’ insurance policy.
A Public Place
If you slipped and fell on a government-owned property (like a park), you could hold the overseeing agency responsible for your losses. Your time to file your lawsuit could be shorter than the standard timeframe, however. Our team can advise you on the appropriate deadline for filing your case.
If you were on another party’s property legally, you could recover compensation for your damages.
How Do I Prove Damages for a Slip and Fall Accident?
After filing your claim, you may need to submit documentation to the insurance company that proves the cost of your damages. We can use the following to accomplish this task:
- Information from your employer. We can use your employment records to verify how much time you missed from work and how much income you lost.
- Your medical bills. We can use this information to prove your healthcare expenses and validate your injuries.
- Your pain journal. You should document each day of your recovery period in a journal. Your lawyer can use this information to attest to the cost of your past and future pain and suffering.
As noted earlier, we can consult experts who can testify to the cost of your damages.
Can My Conduct Prevent My Slip and Fall Case?
Slip and fall accidents are preventable. However, even if you believe that you partially caused your fall, you could still recover compensation under Nevada’s comparative negligence laws.
Some ways that you can prevent future slip and fall accidents from happening include:
- Wearing appropriate footwear. OSHA says that this is one of the leading causes of falls. If you anticipate going to a department store, consider whether your shoes could prevent a fall. The bottoms of your shoes should be able to grip the floor.
- Being aware of your surroundings. If you walk into a store where there is merchandise scattered everywhere, be careful about where you step. If you feel comfortable doing so, notify an employee.
- Use your assistive devices. If you need to use a walker, wheelchair, cane, or glasses, you should make use of them. These devices can lessen your chance of slipping and falling.
Always trust your instincts. If you feel that an area is unsafe and you could get hurt, you are always within your power to leave.
What Should I Do if an Insurance Company Calls Me after My Slip and Fall Accident?
If the insurance company calls you after your slip and fall accident, refer them to your slip and fall lawyer. You do not have to answer any of their questions.
When the insurance representative contacts us, we can:
- Provide them with the necessary information
- Review the liable policy
- Present the cost of your damages
- Negotiate a settlement
As we handle the insurance representative, we will keep you updated on your case’s progress.
What Damages Can I Receive for My Slip and Fall Accident?
What damages can I receive for my slip and fall accident?
Earlier, we talked about economic and non-economic damages. Economic damages refer to your financial losses, while non-economic damages refer to your pain and suffering.
For your slip and fall accident, you could be eligible to recover the following types of economic damages:
- Past and future medical bills. This includes compensation for hospitalization, emergency transportation, medications, and surgeries.
- Past lost wages. We can recoup the cost of your lost wages if your injuries caused you to miss time from your job.
- Future lost earning capacity. If your injuries prevent you from working in your preferred field, we can calculate and recover this loss.
Additionally, you can recover the cost of your non-economic losses, which may include:
- Past and future pain and suffering, which accounts for the physical and emotional trauma of your accident
- Past and future mental anguish, which compensates you for the hardship of having depression or anxiety
- Disability, if your injuries will permanently affect your life
- Scarring and disfigurement, if your injuries will affect your physical appearance
These are just some of the damages that you can recover with the help of our legal team.
What is the Difference Between Premises Liability and Slip and Fall?
What is the difference between premises liability and slip and fall?
Premises liability refers to any situation where a person suffers harm on another party’s property. Some premises liability cases include:
- Dog bites
- Negligent security practices
- Swimming pool accidents
- Elevator accidents
Slip and falls are a subset of premises liability. For you to secure damages in a premises liability case, you must prove that the property owner or manager did not keep their property safe for lawful guests.
If you were trespassing on another party’s property, you could still recover compensation. In these cases, you would need to prove that the property owner intentionally harmed you or that you suffered harm by gross negligence.
Do I Need an Attorney for My Slip and Fall Accident?
You do not need an attorney for your slip and fall accident. You are within your rights to represent yourself. If you decide to act as your own lawyer, you will be solely responsible for:
- Learning how state law applies to your case
- Calculating the cost of your damages (including pain and suffering)
- Communicating with all the involved parties
- Gathering evidence to prove negligence
- Negotiating a settlement
- Litigating your case
- Recognizing and counteracting bad faith insurance practices
- Understanding the liable policy
- Filing your case and its paperwork within the statute of limitations
While recovering from your injuries, you may be unable to handle your case on your own. Do not let your financial worries hold you back from hiring a lawyer. Bernstein & Poisson can get started on your case at no cost to you.
How Do You Prove Negligence in a Slip and Fall Case?
How do you prove negligence in a slip and fall case?
You will need to use evidence to prove negligence in your slip and fall case. Some pieces of information that could prove your side of the story include:
The Accident Report
If you fell in a public place, like a grocery store, there was likely an accident report. This document will likely contain information like:
- Your name, address, and contact information
- A summary of the incident
- What actions the store took
- Whether an ambulance arrived
- Whether you were hurt
Your lawyer can use the information in the accident report to show that you were injured and that the property’s owner knows about it.
Your Imaging Scans
When you went to the hospital or visited your healthcare provider, they likely took imaging scans (like x-rays or ultrasounds) to learn more about your condition. Your legal team can use these scans to prove your injuries’ severity and that negligence caused them.
We can interview people who saw your accident happen. They can provide statements about the hazard that harmed you. They might also be able to provide information about what happened in the aftermath of your accident.
If you suffered injuries in a public place, there might have been security cameras that captured your accident. We can use this footage to:
- Prove that an avoidable hazard harmed you
- Demonstrate that you were hurt
- Learn more about the property owner’s response to your injuries
By using all of this evidence, we can prove negligence. If successful, you could recover compensation for your injury-related expenses.
Who Can File a Slip and Fall Claim?
If a property owner’s negligence caused your losses, we could file a claim on your behalf. We would build your claim on the assertion that you suffered injuries while on a property owner’s premises because of their action or omission.
If you lost a loved one, we would build your claim on the assertion that you lost a loved one because of a property owner’s negligence. You would not be able to file a wrongful death claim unless you are the decedent’s personal representative. If you were the decedent’s spouse or child, you would be able to benefit from damages.
You could also file a claim on behalf of your minor child who slipped and fell. If they wanted to file their case, they would have to wait until they reached 18. From here, the statute of limitations would go into effect and limit the amount of time in which they have to file.
What Should I Ask My Slip and Fall Lawyer?
What should I ask my slip and fall lawyer?
You can ask your slip and fall lawyer anything you want regarding your case. Here, we have compiled some questions that our clients have asked us in the past, as well as some questions that you can bring up during your free case review:
What Happens if I Don’t File My Lawsuit on Time?
If you do not file your case according to the statute of limitations, the court could bar you from seeking compensation. This makes considering your legal options crucial. Our team can file your lawsuit within the appropriate timeframe so that you do not miss out on your chance to recover damages.
What are Some Examples of Bad Faith Insurance Practices?
After filing your claim, you may wonder if the insurance company is treating you fairly. In this case, you should trust your instincts.
If you believe that the insurance company is not upholding their end of the bargain, they may be employing bad faith insurance practices. These strategies are designed to derail and devalue claims.
Some specific examples of bad faith insurance practices include:
- The insurance company does not respond to your phone calls or messages.
- Your case is passed around from claims adjuster to claims adjuster.
- The insurance company coverage that the policy clearly spells out.
- The claims adjuster tries to intimidate you into accepting an unfair settlement.
- The insurance company denies your claim without giving a valid reason why.
You have certain rights and protections under your state laws. A slip and fall lawyer from Bernstein & Poisson can address any unfair tactics that infringe on your legal rights.
What if the Insurance Company Denies My Claim?
You are not out of options if the insurance company denies your claim. Our team will review the reason behind the rejection and do whatever necessary to settle your case out of court.
For instance, if the insurer says that we need more information to prove your case, we will launch an investigation. If the insurer says that you do not have coverage options, we can cite the policy to prove otherwise.
If we cannot settle your case through a settlement, we will not hesitate to file a lawsuit.
What Should I Do After My Slip and Fall Accident?
Your health should be your top priority after getting hurt in a slip and fall accident. If paramedics did not treat you or you did not go to the hospital, you should see your healthcare provider.
You should also:
- Keep track of your economic damages
- Save all communications with the insurer and other involved parties
- Document your recovery period in a journal
- Go to physical therapy if your doctor recommends it
- Avoid posting about the event online
You should also consult your slip and fall lawyer before agreeing to accept money from the insurance company, as this amount may not be enough to pay for your losses.
Call the Attorneys at Bernstein & Poisson Today for a Free Case Review
Our team is ready to use our network of resources, years of experience, and problem-solving skills to get the money you need. Whether you suffered injuries on public or private property, if you slipped and fell on another party’s premises, you could have a valid case.
Not only do we handle cases on contingency, but we also give you the chance to learn about your options for free. When you call, you can speak to a representative about how we can advocate for you.
The path to justice and financial recovery all begins with a risk-free phone call.