When Should You File a Claim for a Slip and Fall Injury?
If you’ve been injured due to a slip and fall accident, it’s normal to wonder if you should file a claim to recover compensation. On the one hand, if you have medical bills beyond just a simple visit to the doctor, it’s not fair that you should have to foot the bill for an injury that wasn’t your fault.
On the other hand, you might be hesitant to file a claim for various reasons, but most common concerns are easily resolved. For example, if you’re concerned about paying high legal fees, you don’t need to worry about that. Many lawyers take cases on a contingency, which means you won’t owe any legal fees until and unless you win your case.
Should you file an injury claim? In general, you should file a claim under the following circumstances:
· You were injured as a result of someone else’s negligence.
· Your medical bills are extensive.
· Your injury prevents you from working or living a normal life.
· Your injury is severe, left you disabled, or left you disfigured.
· Your attorney says you have a strong case.
If you’re on the fence, at least talk to a lawyer
Regardless of any reservations you may have, it’s worth discussing your situation with a slip and fall lawyer to learn more about what’s involved in filing a claim. A good personal injury lawyer will have the experience and expertise to know if you have a strong case and can advise you on how to proceed.
Your attorney will know if you’re legally obligated to negotiate with an insurance company, or if you have the option of filing a lawsuit. If you file a lawsuit, your lawyer will help you navigate the complex legal system and advise you on whether to settle out of court or go to trial.
Examples of situations that warrant a claim
Generally speaking, most people file and win compensation after being injured in the following ways.
· Slipping on liquid that has spilled onto the grocery store floor.
· Tripping over boxes or items in the middle of a store that should not be in the aisle.
· Falling off of a ladder at work that was unsafe to start with (loose bolts, loose steps, etc.)
· Slipping on a slick surface or tripping on an uneven surface.
Sometimes a lawsuit isn’t an option
No matter how injured you may be, some situations aren’t eligible for a lawsuit. For example, if you were injured at work and your employer has workers’ compensation insurance, you’ll be required to file a workers’ comp claim. However, if your employer is not insured, you can file a lawsuit.
There are also times when you may find you can’t file a lawsuit against a business because you’ve agreed to specific terms. This is exactly what happened to a couple when their Uber driver ran a red light and smashed into another car, injuring both of them. They tried to sue but were blocked by the court. Uber requires all legal disputes to be settled privately, out of court.
The court wouldn’t hear their case because the family had agreed to Uber’s terms of use when they signed up to use the app. Although this isn’t an example of a slip and fall accident, the ruling would be the same if it were because the agreement would still require all parties to settle their issue out of court.
Don’t blindly accept a settlement from an insurance company
Just because an insurance company offers you money doesn’t mean it’s the right choice to accept. Insurance companies are notorious for low-balling offers in hopes that victims will take what they can get without question. If you can file a claim through the court with a lawyer’s help, you’ll get better compensation.
If you have a choice, file a lawsuit
With enough documented evidence, a good lawyer can get you more than enough compensation to cover your medical bills, lost wages, and lost future wages. Depending on how severe your injuries are, a skilled personal injury attorney may be able to recover other forms of compensation, like loss of enjoyment of life. It all depends on your individual case details.
While not every slip and fall accident is eligible for a lawsuit, many are, and if you have a choice between doing nothing, accepting a small settlement from the insurance company, or filing a lawsuit, choose the lawsuit. You’ll have a better chance of getting generously compensated and you won’t have to do any of the hard work.
