How Does the Legal Process Work for Slip and Fall Accident Claims?
Every case is different, and the progress of your slip and fall accident claim will vary depending on many different factors. However, a typical process may involve the following steps:
Information Gathering. If it is safe to do so, it may be in your best interest to record as much information as possible at the site of the accident. Take pictures of where it happened and what it was that made you fall, such as a wet floor or loose flooring. Try to record the contact details of anyone who was present at the accident.
Seek Medical Help. If you sustained injuries, make sure you receive the medical attention you need. Even if you feel fine or believe your injuries may heal themselves, it is important to see a doctor. Some symptoms take time to reveal themselves, and having a clear medical record can help to strengthen your slip and fall claim.
Talk to a Lawyer. A lawyer with experience settling slip-and-fall cases may be able to explain your rights and help you obtain compensation. A lawyer may clarify what happened, gather evidence such as video surveillance from the area, get statements from witnesses, and obtain records on how the property was maintained.
Making Your Claim: If your injuries were caused by a property owner’s failure to maintain their property to a reasonable standard of safety, they may be liable. Your lawyer might notify the property’s insurance company about your claim, providing them with details about the accident and how your injuries have affected you, including the costs (e.g. medical bills, lost wages) you have incurred. With personal injury claims such as a slip and fall, the statute of limitations is two years, meaning you have two years after the accident to file a claim.
Working Out a Deal: It is rare for a slip-and-fall case to go to court. Your lawyer will likely be able to work out a deal with the property's insurance company in the litigation, questioning, or mediation stages of your claim.
Settling in Court: It is unlikely that your slip and fall case will end up in court. In the rare case that it does, your lawyer will present the evidence of your case to a judge or jury, and they will decide how much compensation you should receive.
Settling: The case ends when you get a deal from the insurance company, or the court decides on your compensation. You may be able to receive compensation for the following:
- Lost wages
- Pain and suffering
- Property damage
- Medical expenses
- Out-of-pocket expenses
- Attendant care
- And more
Whether you are considering filing a claim or just want to find out what financial compensation you may be entitled to receive, a consultation with a lawyer may answer your questions. Our Red Deer slip and fall lawyers understand the process of working with insurance companies, and the nuances of negotiating the settlement you deserve.