Slip and Fall at a Business: What You Need to Know Before Hiring a Lawyer
If you’ve been injured in a slip and fall at a business like a grocery store or a restaurant, you might be wondering whether you need a lawyer and how the process works. Slip and fall cases can be tricky, especially when it comes to determining who is responsible. Here’s a breakdown to help you understand what to expect and why not every case is worth pursuing with legal help.
Why Damages Matter in Slip and Fall Cases
The first thing a lawyer will consider when deciding to take your case is the amount of damages you’ve suffered. Damages refer to things like your medical bills, lost wages, and the pain and suffering you’ve experienced due to the fall. If you’ve been seriously injured — requiring surgery, dealing with long-term recovery, or even permanent disability — a lawyer is more likely to take your case because the potential payout is higher.
For minor injuries, however, where your medical bills and recovery time are relatively low, a lawyer might not be as eager to take on your case. This is because slip and fall cases often require significant time and money to prove, and if your case is worth less than $50,000, it might not make financial sense for a lawyer to get involved.
The High Costs of Proving a Slip and Fall Case
One of the biggest challenges in slip and fall cases is the cost of proving that the business is responsible for your injury. These cases often require hiring experts to testify about the conditions of the business premises, the nature of the hazard, and how it contributed to your fall. Additionally, medical experts may need to testify about the severity of your injury and how it will affect your life moving forward.
All of this costs money. If your case is only worth $50,000, for example, but the legal expenses total $30,000 or more, that leaves little room for you to receive fair compensation after paying your lawyer and covering those costs.
Why Slip and Fall Cases Are Hard to Win
Slip and fall cases are notoriously hard to win because businesses have a lot of defenses. One of the most common defenses is that the business didn’t know about the hazard. In order for a business to be responsible for your injury, you have to prove that they knew about the hazard (or should have known about it) and failed to take steps to fix it or warn customers.
Let’s say you slip on a spilled soda in a grocery store aisle. If another customer spilled the soda moments before you turned the corner and fell, the store might not be responsible because they didn’t have time to discover and clean up the spill. However, if the soda had been sitting there for an hour and the store hadn’t done its regular checks, they could be held liable.
Other common defenses include:
- Open and obvious hazard: The business might claim that you should have seen the hazard and avoided it. For example, if there’s a large puddle of water in plain sight, the business could argue that you weren’t paying attention.
- Prior traversal: If you previously walked over the area where the hazard was, the business might argue that you should have known about it and been more cautious.
Because these cases are so defensible, insurance companies often make low settlement offers before a lawsuit is filed, especially if they believe they have a good chance of winning in court.
What Can You Do if Your Case Is Worth Less Than $50,000?
If you’ve been injured in a slip and fall but your case isn’t worth a large amount, you might be wondering what your options are. Here’s a step-by-step guide to handling the situation yourself:
Gather Evidence: Take photos of the area where you slipped, especially if the hazard (like water on the floor) is still present. If there’s an inspection sheet showing when the area was last checked, photograph that as well.
Document Your Injuries: Keep all your medical records and bills. You’ll also need proof of any lost wages if you missed work due to your injury. This could include pay stubs and documentation from your employer.
Send a Demand Letter: Once you’ve gathered your evidence, you can write a demand letter to the business’s insurance company. In this letter, you’ll explain what happened, how you were injured, and how much compensation you’re seeking. Include copies of your medical records, bills, and any other relevant documents.
Negotiate with the Insurance Company: The insurance company may respond with a settlement offer. Be prepared to negotiate, but keep in mind that you might not receive the full amount you’re asking for. If you do agree to a settlement, you’ll sign a release stating that you won’t pursue any further legal action.
Be Aware of Health Insurance Reimbursement
If your health insurance covered any of your medical bills related to the slip and fall, you might be required to pay them back once you receive your settlement. This is known as subrogation. Be sure to check with your insurance provider about whether this applies in your case, as it could affect how much you ultimately receive from the settlement.
When Hiring a Lawyer Makes Sense
If your injuries are more serious and your case is likely worth more than $50,000, it’s a good idea to consult with a personal injury lawyer. They can help you navigate the complexities of the legal process, handle negotiations with the insurance company, and file a lawsuit if necessary. But for smaller cases, following the steps above can help you get compensated for your injuries without involving a lawyer.
By understanding the process and the challenges of slip and fall cases, you’ll be better equipped to handle your situation and seek the compensation you deserve.