How To Handle A Slip And Fall Case The Right Way


If you've suffered a slip and fall incident, you may be wondering what your options for seeking damages might be. For most people, the first order of business will be to get in touch with a slip and fall attorney. There are, however, some other things you may be able to do to improve your chances of prevailing.

Don't File Right Away

Building up a case takes time, and it's often better to take a little time to let your counsel get ducks lined up in a row. While the rules vary among states, most maintain statutes of limitations that give potential plaintiffs two years to file claims. In most instances, the clock starts from the time of the incident in question. Be aware that some states have tighter rules, usually limiting filings to within 6 months of incidents, for pursuing claims against government officials, agencies and other entities.

Develop a Case

Even if you're not sure that you will be seeking compensation or hiring a slip and fall lawyer, it's wise to approach the situation like you are developing a case. When you go to the hospital or to your doctor for care, take the time to get names and contact information from anyone who might be involved. It's also prudent to provide your contact information to them and let them know you'd like to get updated information if they move on. A similar approach should be taken to getting info from any individual who might have been a witness.

You should also take clear notes regarding the conditions at the time of a slip and fall. For example, was it a snowy day? Did the folks responsible for clearing the space where you fell appear to have done the job the right way? What time of day did the incident occur?

Filing a Claim

You will need to inform the parties you believe responsible for an incident of your intent to pursue damages. In most jurisdictions, they will have about 20 to 30 days to answer. If they intend to dispute the claim, they'll have to present what is known as an affirmative defense, an explanation of why they believe they're not at fault.

Should the claim be accepted, compensation will typically be arranged within 60 days. Otherwise, a discovery process will begin, and both sides will be expected to engage in negotiations prior to demanding legal action. Contact a slip and fall lawyer for more help.


30 October 2018

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