If you have been injured in a slip and fall accident, you may be uncertain about the next steps. You may not know whether you can or should, reach out to a slip and fall attorney in Atlanta. You may be considering filing a personal injury claim against the party responsible for your fall and subsequent injuries. Even if you know a third party’s negligence caused your slip and fall, you may still have doubts. You may wonder if compensation you stand to receive is worth the hassle and stress of pursuing a case. This is a common thread of doubt that our lawyers hear often.
If you were injured in a slip and fall accident, choose among the Atlanta slip and fall lawyers. This applies even if you aren’t sure that you have a case. It is worthwhile to reach out to an attorney to have your case examined. You have nothing to lose since consultations are free. If your case is not worth pursuing, a reputable slip and fall attorney in Atlanta will tell you so. However, your lawyer can also handle negotiations with an insurance company for you. Our attorneys can assemble evidence and focus on getting you the largest possible settlement. While they do that, you can focus on recovering from your injury. In either case, that’s peace of mind that only an injury attorney can provide.
Determining the Strength of Your Slip and Fall Case – Tips from Your Lawyer
More than likely, you’ve been injured in a fall on someone else’s property and you believe they are responsible. That’s why you are considering the possibility of hiring an attorney. However, if you fell and were not injured, this does not support a slip and fall personal injury case. Though your pride may be bruised, this is not grounds for a claim. The same applies if you sustained only minor injuries that didn’t require any medical care. Most likely, your slip and fall case isn’t worth pursuing.
The severity of your injuries impacts the strength of your case and the settlement amount you can take home. Serious injuries, particularly those that require ongoing medical care, result in strong slip and fall personal injury cases. If your fall was serious enough to cause disability or disfigurement, you may be able to recover a lot. These injuries typically lead to much higher settlement amounts due to the permanent nature of the injury. Your slip and fall attorney in Atlanta can advise you about this.
What Do you Have to Prove to Receive a Settlement?
In order to receive a settlement for your injuries, it is necessary to prove certain things. This is what lawyers call causation. That means you’ll need to prove that your injuries were from the slip and fall accident in question. You also need to prove that the accident happened due to negligence on the part of the defendant. This link has to be clear in order for a slip and fall case to be successful. Often, causation is clear and relatively easy to show. This is often true in the case of nursing homes, hospitals, and other facilities. The duty of the staff to uphold high standards of safety for the patients is given a high priority.
However, some factors can make it difficult to prove causation. These include lack of witnesses, delays in seeking medical care, or injuries which may be recurring. These can raise doubt as to whether the injuries were in fact caused by the accident. Positively linking the injuries you sustained to the particular time and place of your accident is key. You and your attorney can craft a strong case in your favor. Your slip and fall attorney in Atlanta will work closely with you and any witnesses. This will ensure that your case to establish causation is as clear and complete as possible.
Working with a Slip and Fall Attorney in Atlanta to Prove Who is Responsible for Your Losses
It is common in slip and fall accident cases for the at-fault party to try to pass blame. They may attempt to prove that the victim is, in fact, responsible – or even partially responsible – for the accident. In the state of Georgia, any slip and fall accident is decided according to a system called comparative negligence. This system sets out how you and your lawyer will be able to recover damages.
You can file a claim once you can be shown to be less than 50% responsible for the accident. However, your damages can be reduced by the percentage of the accident that is found to be your responsibility. Of course, it could be the case that you bear no responsibility at all. In this case, you can take home your full settlement amount. By working closely with your attorneys, you can determine whether comparative negligence applies to you.
In most slip and fall accident cases which are the fault of a third party, the victim needs representation. The assistance of an experienced slip and fall attorney in Atlanta ensures the insurance company treats you fairly. The laws surrounding personal injuries in Georgia, and slip and fall cases in particular, are complex. Our attorneys work in this system every day. The insurance company, no matter how genial they seem, will usually offer less than the settlement amount you deserve. In other cases, the insurance company may refuse entirely to pay a settlement.
You need to hire an Atlanta slip and fall lawyer to help you. They will ensure that all procedures run smoothly. The insurance company negotiations will be with someone who understands the law. They know what settlement amounts you can get.
The severity of your injuries determines the amount of compensation. This amount can be measured directly in terms of dollars and cents. It includes your medical costs, lost wages, and projections of future lost wages and medical treatment costs. However, there are often intangible factors which can add to a settlement amount. These include emotional distress, pain, and suffering. As the amount of your potential settlement rises, the negotiable range of that settlement also widens. The larger your potential settlement, the more “wiggle room” the insurance company will demand in negotiating that settlement. In cases like these, it is vital to have Atlanta slip and fall lawyers working on the negotiation process. They will ensure that you get the largest possible settlement.
What if the Insurance Company Refuses to Pay My Slip and Fall Accident Claim?
In some cases, the insurance company or government agency will simply refuse to pay out any settlement at all. They may refuse regardless of how severe your injuries are or how many medical bills you may be facing. If you have been refused a settlement offer, work with an Atlanta attorney. That will let these companies know that you’re serious.
Filing a Claim with Atlanta Slip and Fall Lawyers
Slip and fall injury claims arise from numerous different situations and sets of circumstances. Locations such as a businesses or healthcare facilities are the most popular settings for these kinds of injuries. However, our slip and fall attorneys in Atlanta have worked with cases taking place everywhere from airports to warehouses. The process of filing a slip and fall claim is not a straightforward, easy process. Working with an Atlanta slip and fall lawyer is very important.
It is also important to consider the statute of limitations for slip and fall accident cases. In the state of Georgia, there is a two year filing period. Up until 2010, there were caps on the maximum settlement you could recover in a slip and fall case. Legislation passed that year removed these caps. Once you file a strong case within the prescribed time, there is no statutory limit on settlement amounts.
The Steps an Attorney Will Take
When filing your slip and fall accident claim, there are several important steps, You should:
- Get a copy of the accident report if there is one available.
- Take photos of the scene of the accident, and of your injuries.
- Start a journal to record how the injury affects you in your day-to-day life.
On the other hand, there are a few things you should absolutely not do. You should not
- Give a statement to an insurance company before you speak to an Atlanta slip and fall lawyer
- Sign any medical release for an insurance company
- Discuss the circumstances of your accident with anyone besides your slip and fall attorney in Atlanta, anything you say could go against you
Dealing with Insurance Companies in a Slip and Fall Accident Claim
Following a personal injury claim, most likely insurance adjusters will contact you. They may assure you that they have your best interests at heart. They may ask for a statement, a medical release, or other forms of cooperation. Often, the insurance company will say that this is necessary to get your compensation. They will imply that this cooperation will ensure that you get the largest settlement possible. If you only learn one thing, it should be that insurance companies never have your best interests at heart. They have interest in their bottom line and nothing more. Following a slip and fall accident, do not give any statement – verbal or written – to an insurance adjuster. Make sure you speak to a slip and fall attorney in Atlanta first.
Likewise, never sign any medical release. The insurance company may tell you this will allow them to view the medical records pertaining to your accident. However, this release opens your entire medical history to them. Once they have it, the company will comb your private medical history looking for similar injuries in the past. This in order to claim that you did not suffer this injury in your fall. When speaking to an insurance adjuster, simply refer them to your slip and fall attorney in Atlanta.
The Experience You Need from a Slip and Fall Lawyer in Atlanta
Here at Schneider Hammers, we are quite proud of our reputation as Atlanta slip and fall lawyers in Atlanta. Our knowledgeable and experienced legal team will place you at ease. We guide you carefully through the process of filing a slip and fall accident claim. We will also skillfully lead you in recovering the largest possible compensation for your case. We’ll handle all the paperwork and negotiations, so you can focus on recovery.
Medical claims, insurance settlements, and other procedures connected to a slip and fall accident case can be complex. They often involve complex rules, statutes, and laws which can overlap and even seem contradictory. For this reason, among the many others listed, don’t try to go it alone. This process is overwhelming even for a healthy person. Think of the strain you are already experiencing due to injuries. You deserve to focus on your own recovery while an experienced attorney handles the heavy lifting. Contact one of our Atlanta personal injury lawyers today.