It is unfortunate, but most persons will have a slip, trip, and fall incident at some point in life. Worse still, the incident is unlikely to be their fault. Since slips, trips, and falls may occur anywhere and to anyone, it is critical to know what to do after an incident.
The preliminary steps should be seeking medical attention, reporting the incident, as well as documenting relevant facts about your incident. Above all, you should talk to an experienced slip-and-fall attorney regarding the procedure of filing your slip-and-fall claim for compensation of any damages incurred.
What Does The Slip-and-Fall Claims Procedure Entail?
Before you can file a claim, you must first investigate the incident to establish whether you have a claim. Your lawyer will undertake an extensive investigation to identify the cause of your injuries and who should be held accountable.
These claims are governed by the legal notion of premises liability, which deems premises owners accountable for injuries that happen on their property. Once your lawyer assesses your claim, they will establish:
- Who was in charge of the premises at the time of the incident?
- If the victim was permitted to use or visit the premises?
- If there was a hazardous situation on the premises?
- If the premises owner or person in charge of the premises was aware of or should have been aware of the hazardous circumstance?
- If the unsafe condition resulted in an injury or other damages to the victim?
2) Insurance Claim
Following a slip-and-fall mishap, you will almost always submit a claim with the premises owner’s liability insurance carrier. The insurer will dispatch an adjuster to assess your slip-and-fall claim and reach a deal depending on the outcomes.
Besides assisting you in filing a claim against the insurance, your lawyer will handle all discussions with the insurer, such as structuring a claim settlement. An experienced attorney is certainly aware of the various strategies insurance adjusters may employ to lower your claim’s value and is dedicated to battling for your full recovery.
A complaint is a legal document that informs the wrongdoer that a suit has been brought against them. If you fail to agree with the premises owner’s insurer, your lawyer may launch a lawsuit against the responsible insurance carrier to receive the recovery you deserve.
4) Discovery Phase
Your attorney will begin the discovery phase once the at-fault party agrees to commence with the litigation. The discovery process requires both parties to provide all facts they have about the matter. Your lawyer might receive or conduct the following during the discovery process:
- Admission Request
- Production of Documents
5) Pre-Trial Motions
Your attorney will continue to work out an agreement with the opposing party after completing the discovery phase of your slip-and-fall claim and acquiring all relevant material. You can reach a final settlement through the following:
Seek Expert Legal Counsel
Slipping and falling because of a hazardous condition is a regular event that frequently results in significant debilitating injuries. The lawyers at Ponton Law are eager to help you with your case. Call at (404) 418- 8507 to schedule a consultation with an experienced Atlanta car accident attorney right away!