After a serious fall, many injured people hesitate to contact a lawyer because of common misconceptions about personal injury claims. Some believe hiring an attorney is too expensive. Others assume every slip and fall case is simple or that speaking with the insurance company directly will lead to a fair result. The best slip and fall attorney can explain the strengths and weaknesses of a claim, preserve important evidence, and deal with the insurance company on the injured person’s behalf.
Understanding what is true and what is not can help you make a more informed decision after an accident.
Myth 1: Hiring a Slip and Fall Attorney Is Too Expensive
Many people avoid speaking with a lawyer because they assume they will need to pay a large amount upfront.
Personal injury cases are usually handled differently from many other legal matters. Most slip and fall attorneys work on a contingency fee basis. This generally means there is no upfront attorney fee. The lawyer receives an agreed percentage of the recovery if the case is successfully resolved.
Before hiring an attorney, ask:
• What percentage will be charged?
• How are case costs handled?
• Does the fee change if a lawsuit is filed?
• What happens if there is no recovery?
The attorney should clearly explain the fee agreement before you sign it.
Bojat Law Group offers free consultations and represents personal injury clients on a No Win No Fee basis. There is no attorney fee unless compensation is recovered.
Myth 2: The Property Owner Is Automatically Responsible
Falling on another person’s property does not automatically mean the property owner was negligent.
A slip and fall claim usually requires evidence showing that a dangerous condition existed and that the owner knew, or reasonably should have known, about it.
Important questions may include:
• What caused the fall?
• How long had the hazard existed?
• Did the property owner create the condition?
• Had anyone reported the problem?
• Were inspections performed?
• Were adequate warnings provided?
For example, a store may dispute responsibility for a spill if it appeared only moments before the accident and employees had no reasonable opportunity to discover it.
An attorney can investigate surveillance footage, inspection logs, maintenance records, witness statements, and other evidence to determine whether the property owner may be legally responsible.
Myth 3: The Insurance Company Will Offer a Fair Settlement Without a Lawyer
Insurance adjusters may appear helpful, but they work for the insurance company.
The insurer may investigate the claim by asking questions about:
• Where you were looking
• What shoes you were wearing
• Whether you saw the hazard
• Prior injuries
• Medical treatment
• Your activities after the accident
The insurance company may also argue that the property owner had no notice of the condition or that you were partially responsible for the fall.
An early settlement offer may not account for future treatment, ongoing symptoms, lost income, or permanent limitations.
A lawyer can review the evidence and evaluate an offer before the client decides whether to accept it.
Myth 4: You Do Not Need Evidence Because the Accident Was Reported
An incident report can be important, but it is rarely the only evidence needed.
A business may acknowledge that a fall occurred while still denying that it caused the accident or was legally responsible.
Other evidence may include:
• Photographs of the dangerous condition
• Surveillance footage
• Witness statements
• Inspection records
• Cleaning logs
• Maintenance documents
• Medical records
• Medical bills
Evidence can disappear quickly.
A spill may be cleaned immediately. A broken area may be repaired. Surveillance footage may be overwritten. Witnesses may become difficult to locate.
That is why early investigation can be so important in a slip and fall case.
Myth 5: Hiring an Attorney Means the Case Will Go to Trial
Many people worry that speaking with a lawyer automatically means spending years in court.
In reality, many slip and fall claims resolve through settlement negotiations.
An attorney may first:
• Investigate the accident
• Collect evidence
• Review medical treatment
• Identify available insurance coverage
• Prepare a settlement demand
• Negotiate with the insurer
A lawsuit may become necessary when the property owner denies responsibility or the insurance company refuses to make a reasonable offer.
Even after a lawsuit is filed, a case may still settle before trial.
The important question is whether the attorney is prepared to continue pursuing the claim when settlement negotiations do not produce a fair result.
A Lawyer Should Give an Honest Assessment of the Case
Another common misconception is that a lawyer will automatically say every claim is strong.
A reputable attorney should review both the favorable and unfavorable facts.
Potential problems may include:
• Unclear evidence about what caused the fall
• No proof of how long the hazard existed
• Delayed medical treatment
• Prior injuries
• Evidence of comparative fault
• Limited insurance coverage
No attorney should guarantee a specific result.
An honest evaluation can help the injured person understand the possible risks before deciding how to proceed.
Serious Injuries May Require More Than an Early Settlement
Slip and fall accidents can cause significant injuries, including:
• Broken bones
• Traumatic brain injuries
• Spinal injuries
• Shoulder damage
• Knee injuries
• Hip injuries
• Permanent physical limitations
A person with a serious injury may require surgery, rehabilitation, future medical treatment, or time away from work.
Resolving the claim too early can create problems when the full effect of the injury is still unknown.
An attorney may review not only current bills but also future care, lost income, reduced earning capacity, pain and suffering, and permanent impairment.
Contact the Best Slip and Fall Attorney for Your Case
The best slip and fall attorney for your case should give you accurate information instead of repeating myths or making unrealistic promises. The attorney should investigate the dangerous condition, preserve evidence, evaluate the injuries, deal with the insurance company, and explain when settlement or litigation may be appropriate.
Bojat Law Group represents people injured in slip and fall accidents and other premises liability cases throughout Southern and Central California. The firm also handles car accidents, truck accidents, motorcycle crashes, pedestrian accidents, catastrophic injuries, traumatic brain injuries, and wrongful death cases.
Bojat Law Group has recovered more than $100 million for clients and offers free consultations 24 hours a day, 7 days a week.
Call Bojat Law Group at (818) 877-4878 to discuss your slip and fall case. There is No Win No Fee, which means you pay no attorney fee unless compensation is recovered.
