It’s a DIY world..so why not do a claim yourself?
You’ve heard the phrase “lawyer up.” It’s generally used in crime dramas where a defendant decides to protect himself/herself. You know the plot: from there, the police are stumped and have to dig to find incontrovertible evidence to convince a jury or district attorney that their mark really is guilty. The reality on both sides of any claim is that having a lawyer gives you an undeniable advantage. That being said, you may be considering the cost of hiring a slip trip and fall attorney; is it worth it?
Do I Need A Slip Trip And Fall Attorney?
Follow this handy checklist of steps necessary to make a slip trip and fall claim, courtesy of Alllaw.com.
- Get the attention of the defendant and the insurance company. No direct communication with the insurer means no settlement.
- Prove liability on the defendant’s part. In order to prove liability, you need to…
- Prove negligence on the defendant’s part. In order to prove negligence, you need to…
- Have a thorough knowledge of all local, state, and federal laws and regulations that could affect or determine negligence. With that knowledge, you can…
- Examine the situation, the physics of the fall, and be able to describe it blow by blow in order to…
- Identify the causality and…
- Eliminate the possibility of being held responsible yourself.
- Examine the scene. Normally a slip trip and fall attorney would also retain an expert witness who can testify that either the risers on a staircase were uneven, or that it was the defendant’s responsibility to clear a sidewalk in case of severe weather.
- Next, you have to prove damages. This step is long and can be complicated. Full medical records are–in theory–very accessible. In practice, it can take a long time to access your records in full. If there is no clearly stated relationship between your injuries and the slip trip and fall case, you will also need a paper stating causality which can cost upwards of $1,000.
- Present your pain and suffering carefully, accurately, and compellingly.
If you feel confident you can accomplish each step alone, then the DIY route could be right for you. However, if that sounds nearly impossible, you need to hire a slip trip and fall attorney. Most lawyers for slip trip and fall cases also charge a contingency fee, instead of an hourly fee.
The good news is that you don’t have to pay until you win your claim and get a settlement. The bad news is that the lawyer can then earn a significant percentage of your settlement. For many people, that sounds like a deal breaker.
However, if you don’t feel 100% confident that you can file a slip trip and fall claim all on your own, you can be 100% certain that any settlement you do receive will be much lower than one that a slip trip and fall attorney would have obtained for you.
Want to learn more before making a decision? TMH Law is here to answer your questions, and to win your personal injury claim!
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