Do I Need a Lawyer for a Slip & Fall Accident?

Slip and fall accidents are some of the most common personal injury cases. Whether you slip on unmarked liquid in a commercial business, someone’s hazardous decorations, a poorly maintained porch step, or even a neglected and decaying parking lot, a personal injury case is usually a possibility.

However, while they’re so common, many people don’t really understand how taking a case to court works, whether contacting a lawyer is a good idea or not, and what to expect.

Here at Loutos Law, one of the biggest questions we get is “Do I need a lawyer for a slip and fall accident?” Today, we’re going to answer that, explain the details, and help you understand what you should expect.

Is a Personal Injury Lawyer Necessary for a Slip & Fall Case?

The answer seems pretty simple. If you have suffered a slip and fall due to someone else’s negligence, you need a lawyer. There are some finer details that you need to consider, though.

If you answer yes to the following questions, you likely have a case and need to call a personal injury lawyer.

1: Did the Person or Company have a Duty of Care?

Duty of care means that an entity has a reasonable responsibility to ensure your safety on its property. This generally means that they keep things clean, avoid exposing you to hazards, and maintain the property well. It’s just the simple expectation that a business isn’t being neglectful of basic responsibilities.

Even homeowners or property owners have some responsibility. For a sillier example, a neighbor is expected not to have sharp objects hidden under leaf piles in their yard. People such as the mailman, visitors, or neighbors might have to walk across your yard, and it’s reasonable not to expect a threat under every leaf pile or long patch of grass. Similarly, it’s reasonable to expect that the homeowner maintains their porch so it doesn’t collapse, shovels snow in the winter, etc.

2: Did the Entity Neglect Their Duty of Care?

Neglect is the biggest factor in a personal injury case of any kind. Who actually caused it?

While the person who owns and operates the property has a duty of care to the public, that does not mean they are automatically responsible for any accident that occurs on the property.

Did the ground get icy, and did the business owner fail to apply de-icer? Is that why you slipped? That’s neglect. They failed their duty of care, and they neglected their property in a way that harmed you.

Wait one second, though. If they pull the cameras, are they going to see you jumping up and down on a small patch of ice, almost trying to fall, and sue? They are reasonably protected from visitors and customers trying to take advantage of them with the legal system.

Even if you don’t fraudulently attempt to create a slip and fall accident, you might still be responsible for neglect.

Let’s say an item is on the top rack of a storage shelf in a store. The store owner clearly marked the shelf with a sign telling you to ask for assistance. There’s a chained-off ladder nearby with “employees only” marked on it. You decide to take that ladder and climb up to the top shelf, and then you fall. Well, the business owner did everything they reasonably could to tell you not to, and you chose to do so, anyway. You neglected safety protocols, and a lawyer can’t do much.

3: Is the Injury Serious?

One thing a lot of people don’t understand is that companies don’t actually owe you tens of thousands of dollars simply because you fell. That’s not how the court system works. The payment people receive for slip and fall injuries is based mostly on the financial value of losses accrued due to the fall.

For example, common losses that are compensated by lawsuits include medical bills, lost wages, missed opportunities, and mental distress that resulted in more costly services to handle.

It’s not actually the fall that gets people money. It’s all the things they lost.

Now, it is worth calling a lawyer even when you don’t know the full extent of the damage. If you answered “yes” to the other two questions we asked, you likely have a case, and it’s best to start the process early. A lawyer will also prevent you from making common mistakes that cost people their compensation.

However, the extent of the injury will have a major effect on the lawsuit. If you got up just fine, only had a small bruise, and lost nothing because of the fall, there’s really nothing to win in a lawsuit.

When to Call an Injury Lawyer Over a Slip & Fall Accident

If you have fallen on someone’s property and have been injured because they neglected to provide a safe environment for their visitors, you need to call a lawyer. However, when you call a lawyer is just as important.

You definitely want to call a lawyer before you sign any waivers or make any statements. You are only obligated to inform the staff that you have fallen on their property. Then, you want to immediately head to get checked out medically. Even if you don’t have an obvious injury such as a compound fracture, you might have a concussion, internal bleeding, a chipped or cracked bone, or something else that is less obvious immediately.

If you are capable, call a lawyer immediately. Even if there isn’t enough information yet, the lawyer will advise you through the initial event to keep you from losing your chance at compensation.

Why Do You Need a Slip & Fall Lawyer?

In a perfect world, people would do the right thing when their actions hurt someone. Unfortunately, it’s not a perfect world. Your awesome neighbor can suddenly show a very different personality when they get served a lawsuit after you slip off their broken porch, and some of the big companies even have in-house legal teams dedicated to fighting slip and fall cases.

You need a lawyer to get the compensation you deserve. If you have been in a slip and fall accident, call Loutos Law immediately.