If you have been involved in a slip and fall incident, your first instinct may be to hire a personal injury attorney. However, this is not always necessary. Some slip and fall cases result in injuries that definitely warrant an attorney and a lawsuit. Other times, it is in your best interest to leave well enough alone. Things you need to consider are the seriousness of your injuries and your actual chances of winning a reasonable sum in the case. Here is how to determine if your slip and fall case is one that belongs in court.
Ask Yourself Questions About Your Injury from the Accident
According to Attorneys.com, before you seek out a personal injury attorney to handle your slip and fall case, you should ask yourself these questions about your injury:
If your injury is bad enough that it will affect your ability to earn a living and/or your ability to enjoy the normal things of life, and no insurance company is already paying your expenses, you should contact an attorney. You should also contact an attorney if your injury is this severe, and the insurance company that is paying you is eventually going to stop paying you.
If your injury is not severe enough to meet these criteria, you may be better off negotiating a small insurance settlement on your own, or letting the accident go altogether (especially if the injury is very minor).
Does an Attorney Think You Have a Case?
If you have examined these questions and determined that you should move forward with a personal injury lawsuit, the next step is to consult an attorney. Personal injury attorneys are specialists in the laws of these types of lawsuits in your state and can tell you if your determinations are correct.
The attorney with whom you consult will be able to tell you if your injury is severe enough or if the other party was negligent enough for you to get a decent settlement. The attorney will also review your available proof of your injury and/or the other party's negligence and let you know if it is enough to hold up in court.
If one attorney tells you that you don't have a case, you should get a second opinion. Two attorneys telling that you do not have a case (or, alternately, that you do) is more than enough to make your best, most informed decision
Will Your Potential Settlement Offset the Attorney's Percentage Enough to Leave You With Any Money?
Most personal injury attorneys work on a contingency basis. This means that they will only get paid if you do, and their pay will be a percentage of your settlement or award. This is true whether you settle out of court or go before a jury with your case.
To ensure it is worth it to move forward with your slip and fall case, you need to know what your minimum and maximum potential payouts are likely to be. Your consulting attorney can tell you this. If your potential settlement is so small that the attorney's percentage will take most of it, it probably means that your injury is not severe enough for a truly successful slip and fall case.
Conclusion
You may very well qualify for a large settlement or court award for your slip and fall case that makes it well worth it to hire an attorney. The only way to know for sure is to honestly examine the case yourself, and to consult with one or more attorneys on the issue. Then you will know if you have a case that can get a strong win in court. If you do have such a case, then hire an attorney like http://hbbinjurylaw.com.
Share2 September 2014
My name is Noni. When I was in college, I was hit by a car while crossing the street. My life was never in danger, but I did break a few bones and had a lot of huge medical bills. I was hoping I wouldn't have to get involved with an attorney, but unfortunately, it came down to that. I used a family friend who is an accident attorney to get some compensation. A few years later, I was hit while riding my bike and had to go through the same process. I suppose I'm lucky to be alive. And it's thanks to accident attorneys that I have been able to put my life back together. I started this blog as a way to let others know just how much lawyers can help you in certain situations.