A slip and fall injury case can result in various personal injuries, including property damage, lost wages, and emotional distress. These injuries can cause significant problems for the victim, who must decide whether or not to file a lawsuit. To avoid making any common mistakes that may cause them to lose their slip and fall cases outright, it is imperative that victims of such cases work with an experienced attorney. The following are the five most common mistakes made in slip and fall injury cases:
1. Navigating the insurance claim process alone.
Victims of a slip and fall accident involving the negligence of another party rarely have the knowledge or experience necessary to successfully navigate the complex claims handling process that follows such accidents. Insurance companies employ skilled adjusters who know how to present a difficult case for juries to believe. Victims need to retain an attorney who can fight for their legal rights, help them make the best decisions throughout the process, and help them pinpoint all of their available legal options. Such legal services can be sought from Yarianlaw.com, which offers California slip and fall injury cases.
2. Not claiming excessive medical expenses.
A victim of a slip and fall injury must maintain a written list of all medical expenses incurred in their recovery. Medical bills can quickly add up, especially in the case of injuries that require extensive treatment. Evidence that such expenses were unfairly excessive can result in the plaintiff’s case being dismissed altogether if they are not shown to be associated with the accident itself.
3. Failing to appeal or settle.
Victims should never agree to any type of settlement in a slip and fall injury case, no matter how desirable the outcome may appear to be at the time. Settlements give insurance companies an incentive to try and avoid future cases like this one by settling their claims out of court rather than having them go to trial. If victims are offered a reduced settlement, they must consider whether those terms will be adhered to if they win their case at trial. Furthermore, victims should never accept any settlement offer without first speaking to their attorney, who can advise them on the merits and drawbacks of any proposed settlement.
4. Ignoring the statute of limitations.
Victims of a slip and fall accident are only given a limited time to file a claim against the responsible party – typically only one year from the date the accident occurred. This time limit is known as the statute of limitations and must be adhered to at all costs. If a victim does not file their claim within the allotted time frame, they may lose their right to pursue a lawsuit.
5. Failing to document their injuries.
In most states, you must provide a lawyer with photographs of your injuries for them to be used in court. When submitting photos, you should include any documentation indicating the date the photo was taken. Victims should also keep copies of all bills that they receive requesting medical treatment. If a victim fails to preserve such documentation, they may lose their right to a trial.
In conclusion, it is imperative that victims of a slip and fall accident work with an experienced attorney if they hope to pursue their legal claim successfully. This
will help them ensure that the evidence will be presented at trial in a way that the jury will understand. Additionally, if they have retained an attorney, they will almost always receive their legal rights back if they win their case at trial.
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