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If you recently became injured due to a slip and fall accident at a business establishment or property and are considering filing an injury claim, it is in your best interest to retain a professional injury attorney. This is due to the fact that in order to obtain compensation for your injuries, proving fault is imperative. For example, if you slipped on a broken stair or spilled liquid, you must be able to prove that the property or establishment owner was aware of the dangerous conditions and did nothing to remedy the situation or take preventative measures, such as posting a warning sign or closing off the area. Additionally, once a claim is filed, the property or establishment owner may contest your claim by stating that you somehow brought the injury on yourself. A professional attorney can help by conducting a full investigation into your accident to ensure that your case is handled in a fair and professional fashion.
Personal Injury Attorney Consultation
Before the attorney can move forward in filing your claim, you must first meet with them for a case consultation. While most consultations take place in an attorney's office, if your injuries prevent you from traveling, you can request a home visit or telephone consultation. Prior to your meeting, you will want to compile as much evidence as possible regarding your accident that can help to prove fault and assist the attorney in filing your claim. Depending on the specifics of your case, helpful evidence can include photos of your injuries, photos of the accident scene and medical documentation such as bills and physician statements. If the establishment owner filled out an incident report on the day of the accident, you will also want to provide a copy of this to the attorney. The attorney will conduct an interview and examine your evidence. If they feel you have a valid claim, they will provide you with a retainer agreement and move forward.
Incident Investigation
Prior to filing your slip and fall claim, your attorney may conduct an investigation in order to gather additional evidence to help solidify your claim. During their investigation, your attorney may visit the establishment or property where the incident took place to examine the unsafe conditions, interview individuals who witnessed the incident and request additional medical documentation. Your attorney may also advise you to submit to an independent medical examination to obtain an additional opinion regarding your injuries. Once the attorney concludes their investigation, they will draw up an official complaint and demand letter that will detail the specifics of your claim and request a specific monetary amount for your injuries. The documents will be served upon the establishment or property owner.
Settling Your Claim
If the establishment or property owner admits fault once receiving your claim for damages, there is a good chance the matter will be settled out of court, especially if the property or establishment owner is insured for personal injury loss. Additionally, court trials can be lengthy, which can lead to additional expenses for the defendant. If the defendant agrees to settle the matter, your attorney will work with the insurance company or the defendant's attorney to negotiate a fair settlement amount. If the two parties cannot agree on a proper settlement or the responsible party contests your claim, you have the right to proceed to a court trial, in which the final outcome will be determined by a judge.
Trust a Professional Personal Injury Attorney
Filing a personal injury claim without the assistance of an attorney can be tricky, especially if the property or establishment owner refuses to admit fault. A professional injury attorney will conduct a thorough investigation on your behalf and will work hard to obtain a satisfactory outcome.
Share17 March 2015