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What is a Slip and Fall Attorney?

Article Details
  • Written By: Christopher John
  • Edited By: Angela B.
  • Last Modified Date: 22 July 2019
  • Copyright Protected:
    2003-2019
    Conjecture Corporation
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A slip and fall attorney is commonly known as a personal injury attorney or an accident lawyer. This type of lawyer represents people who have suffered injuries because of the fault or negligence of another party. In slip and fall cases, a property owner may be responsible for injuries incurred on his property. A slip and fall attorney will analyze the circumstances surrounding an incident to determine whether legal action against the property owners is appropriate.

Property owners generally have a duty to keep their property in a safe and reasonable condition. Property owners that fail to maintain their property could find themselves in court if a person suffers an injury while on such property. The level of care a property owner has to maintain will vary by jurisdiction. The duty of care a property owner owes to people who suffer injuries while on the property also will vary. A slip and fall attorney will be able to assess the situation and recommend whether a lawsuit against a property owner is viable.

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If legal action is deemed appropriate, an experienced slip and fall attorney will begin to help a victim build a case. The lawyer will do this by gathering incident reports, accident reports, police reports, and medical records. He will also conduct interviews with witnesses and medical professionals such as emergency responders, nurses, doctors, and therapists. This phase of a case is extremely important, because the attorney must be able to prove fault and damage. An experienced lawyer will understand the information contained in the various reports and know what type of questions to ask during interviews.

After a slip and fall attorney has fully investigated a case, he will often prepare a settlement package. This package is usually prepared when the lawyer knows a property owner has insurance coverage. It will contain a summary of the attorney’s findings and copies of all reports generated by third parties, such a medical reports and incident reports. The attorney will also provide copies of all bills incurred by his client as a result of the injury. This can include hospital bills, costs for follow-up treatment, and any other relevant expenses. The attorney will determine what monetary damages are reasonable to demand from the property owner and include justification for such a claim in the settlement package.

Once the settlement package is complete, the slip and fall attorney will send it to the property owner’s insurance company. If the property owner does not have insurance, the attorney will likely send the settlement proposal to the attorney representing the property owner. If the property owner does not have insurance, the slip and fall attorney may determine that filing a lawsuit is the better course of action. The settlement package will be the first step in the negotiation process to resolve the matter. A slip and fall attorney must carefully design the settlement package to demonstrate to a property owner that liability is clear and settlement of the matter out of court is in everyone’s best interest.

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