If you’ve been in an accident where you sustained physical damages due to negligence on the property owner’s part, you will need a personal injury lawyer. Typically, this premises liability claim results to a monetary compensation, covering your hospital bills and cost of medication that arose because of the harm done to your being. You must find an excellent attorney to represent you in court, so that you get the appropriate reparation for your injuries.
These are the questions you must ask potential slip and fall lawyers before hiring them:
1. Do you specialize in Personal Injury law?
In the same way that you don’t approach a dentist to operate on your brain even if they’re a doctor like neurosurgeons, you must find a lawyer who specializes in personal injury. This way, you can be sure that they are knowledgeable about the ins and outs of the law pertaining to your claim.
A slip and fall lawyer is adept at identifying the cause of your accident even when the reason may not be apparent to you. They can help you prove that the property owner neglected their responsibility in making sure that their residential or commercial space is safe for everyone by looking for evidence to support your case.
The two common causes of slip and fall accidents are:
- Structural Issues – It involves defects in the property that were left unattended despite having the potential to cause harm to people in the area such as:
- Uneven steps
- Broken tiles
- Worn carpeting
- Inadequate lighting
- Stray electrical wires
- Broken handrails
- Holes in the ground
- Spilled food and drinks
- Weather-Related Negligence – This includes forgetting to shovel snow for better access to and from the building, overlooking to salt or sand icy and slippery walkways, or neglecting to install anti-slip devices on outdoor steps.
2. How many similar cases have you handled?
As with every job, representing a client and presenting their case in court is a skill that requires practice. Knowing how many similar claims a potential slip and fall lawyer has handled can give you an idea of their level of expertise on the subject. Plus, you can assess how likely they’ll be able to provide you the compensation you deserve if ever they present you with the number of cases that they’ve won.
3. How much do you think my slip and fall case is worth?
There are several factors that slip and fall lawyers consider before estimating how much your claim is worth. It’s necessary to prove that the property owner was negligent of their responsibility to keep the structure safe from defects. Nonetheless, you must also be sure that you did your part in being conscious about your well-being as you entered or exited the building.
If you fell because of the slippery steps of a grocery store as you were going in on a gloomy December day, you can file a case against the owner of the property. However, if it was found that you were texting someone on your smartphone and you weren’t careful while walking even with the knowledge that the pavement would be icy, it’s possible that you won’t be able to claim negligence on the part of the business proprietor.
There are two categories of compensation for slip and fall accidents:
- General Compensatory Damages This category is the most common among the two. It is intended to compensate the plaintiff for the damages that are described as non-monetary, such as physical pain, emotional suffering, mental anxiety, and even loss of companionship as a direct result of the injury.
- Special Compensatory Damages On the other hand, special compensatory damages serve to reimburse or pay the monetary expenses incurred by the injured person due to the accident. It is awarded as compensation for medical bills, lawyer fees, medication, and future checkups as required by the physician. It also covers household bills and other necessities since some cases render the plaintiff unable to work due to their injuries.
4. What are your fees and payment arrangement?
Since you’ve already been racking up medical bills and other related expenses, you’d want to know how much the attorney’s services would cost and how often you’d be billed for them. Most lawyers will not charge you for the first consultation or meeting. Regarding future appointments, though, you must clarify with them if they expect you to pay after each visit or after you’ve received compensation for your injuries.
Here are the standard payment arrangements that most attorneys use:
- Contingency Fees – With this, the slip and fall lawyer is entitled to a portion of the compensation you receive as a resolution to your case. You won’t need to pay anything during the process, but check if you are required to pay for court fees, file copying, and the expert witnesses, in case you lose.
- Flat Fees – The attorney will be providing you with a specific amount for your case regardless of how much compensation you’ll receive. Make sure that you understand what services are included in this arrangement.
- Hourly Rates – Other lawyers charge per hour. This means that the final cost depends on how long it takes for their legal team to work on your case. The rate is also based on the attorney’s expertise and experience in the field. You can ask for a written estimate of the hours they’ll need to finish your case. This way, you have an overall idea of how much you will pay the firm.
- Retainer – Think of this as a down payment for the lawyer to work on your case. This upfront fee is intended to be used for projected expenses such as court fees and documentation for your case.
5. How long do you think the case will run?
It’s crucial to get an idea of how long the case will take before it gets resolved. This way, you can make the necessary plans regarding your medical bills and leave of absence from work. Moreover, if the lawyer you’re consulting charges per hour, it’s essential that you weigh whether you can keep up with their fees or not.
Find a legal representative who will provide you with an honest and accurate estimate; not someone who will keep your hopes up only for you to end up disappointed and left with a substantial bill. Nonetheless, they should be committed to resolving your case in the soonest possible time.
These are the phases involved in a personal injury lawsuit that may affect its duration:
- Recovery – Most lawyers will wait until you’ve had sufficient time to recover from your injuries. This way, they’ll get a full understanding of the extent of the physical damages, your current and future medical bills, and the wages you lost.
- Settlement Demand – Your slip and fall attorney prepares the settlement demand, and they will also be the ones to send it to your insurance company. It will take a bit of time in compiling the necessary information for this document such as medical bills, loss of wages, and the days you missed from work.
- Negotiations – Now that the settlement demand is with the insurance company, they may require an investigation on the case. Afterward, they will present their first offer to you. If you decide that it’s not enough for the damages you incurred, negotiations will ensue.
- Litigation – While most claims are settled without battling in court, there are times when the case calls for the mediation of a judge. Nonetheless, a settlement conference is conducted before both parties are allowed to go to trial. This will take time, and a lot of the cases are brought to the court only after a year or so from the filing of the lawsuit.
6. Who will handle my case?
Most firms have a lot of associates. The person you’re consulting with might not be the one who will take charge of your case. You ought to ask for the attorney who will be handling your claim and arrange to speak to them personally. Get their contact information in case you have questions and ask for the name of the one who’ll be supervising their work.
7. Can I speak with clients you’ve represented before?
Check with the jurisdiction in your area if lawyers are allowed to give references from previous clients. Lawyers who are confident with their work ethic and output won’t hesitate to provide you with this information. It’s a good indicator of whether the attorney performed well with their duties. You can also contact past clients with similar cases to yours to get an idea of the time frame for the resolution of the case, their outcomes, and other relevant queries.
Conclusion
These questions can help you find the best legal representation for your case. These can also guide you in coming up with other probing inquiries so that you get a thorough understanding of personal injury law. While there may be some sense of urgency in the process of looking for a slip and fall lawyer, you should take your time in selecting the best attorney. With this, you’ll increase the likelihood to get your due compensation.
