Do I Need a Personal Injury Lawyer After a Slip & Fall?

Like many other legal questions, whether you need a personal injury lawyer after a slip and fall accident depends on the circumstances. More than anything else, deciding whether to hire a personal injury lawyer depends on how serious your accident was and how much money you are seeking in compensation. 

If you slipped and fell, sustained severe injuries, and you are seeking substantial compensation, your case will likely present more legal complexities. A good lawyer may be able to double, triple, or even quadruple your compensation than if you tried to represent yourself. 

You can trust that a competent lawyer will:

Calculate the True Value of Your Claim

Many personal injury lawyers are capable of gathering and investigating evidence. A thorough investigation might just reveal that your claim is worth a lot more than you thought it was, giving you an advantage in settlement negotiations and, if necessary, in court. 

File a Premises Liability Claim Against the Owner of the Building Where the Accident Happened 

The law imposes certain obligations upon property owners. Property owners have a legal duty to keep their property safe and warn visitors of potential hazards. If your slip and fall accident occurred due to a dangerous condition on the premises, there might be enough evidence to prove that the property owner is liable for your damages.

An experienced personal injury lawyer will understand the ins and outs of premises liability. They will also know just how to investigate your claim to leverage your bargaining position. If necessary, they can file a lawsuit to initiate the pretrial discovery evidence-gathering process. If carried out effectively, the discovery process could box the defendant into a corner, leaving them with no choice but to settle.

Help You Fight a Comparative Negligence Claim 

New York uses a pure comparative negligence standard. Under this standard, a court will apportion fault among the parties. Suppose, for example, that you slipped on a wet staircase, but you had drunk a beer ten minutes before you slipped. A court might decide that you were 30% at fault for the accident. If this happens, you will lose 30% of your damages. 

A persuasive lawyer might be able to reduce this percentage to 10%, 5%, or even zero.

Negotiate a Settlement With the Insurance Company

Insurance companies pay most personal injury claims. If your injury occurred in a private home, you will probably need to seek compensation from the resident’s homeowner’s insurance policy. Their policy limits should be high enough to cover your claim unless your injuries were catastrophic. If you were injured at a commercial establishment (e.g., an escalator in a department store), the shop itself will likely have enough insurance coverage to pay for your claim.

How large a settlement you will actually end up with, however, will depend to a large degree on your negotiating skills – or your lawyer’s. Negotiating a claim on your own with an experienced insurance adjuster would likely lead to a bad outcome. Your best bet would be to hire a knowledgeable personal injury lawyer to handle negotiations for you.

Make Excellent Legal Representation Affordable for You

One perk of working with a personal injury lawyer is that most charge a contingency fee. In other words, you only have to pay them if they win your case. If they lose your case, you will not owe them anything.

The contingency fee system levels the playing field for you and your lawyer. The more money you are awarded, the more they get, which gives them the incentive to recover as much compensation as possible for you.