Why an Attorney Takes a Slip and Fall Case

Seeking the help of a firm that offers slip and fall attorney services may make a big difference in how you approach your claim. You may be curious, though, what exactly makes a slip and fall attorney decide to pick up a particular case.

Demonstrable Damages

Unsurprisingly, the first thing a slip and fall injury attorney wants to see is evidence that harm actually came to a potential client. Medical reports filed by doctors feature heavily in this process. Notably, many insurance carriers will ask that a plaintiff visit a doctor of their choosing to confirm what has been stated in the initial claim.

Damages need to be of a value that justifies pursuing a case. For example, a broken bone might not seem like a big deal, but it may pose problems if it's an issue with a hamate bone that significantly limits wrist moment. Depending upon a person's occupation, it may even limit their ability to make a living. The injury itself and the loss of earning capacity may both be included as forms of damages in a claim.

Responsibility

An important question that every slip and fall attorney looks closely at is whether the defendant was legally responsible for an injury occurring. For example, it's common for local governments to push liability for injuries on city sidewalks to the adjacent businesses. Identifying who is responsible for a space is critical to do prior to filing a case.

Causality

When an injury claim is made, there needs to be evidence that certain actions or failures to take action led to your injuries. If there is a loose handrail inside an apartment building's stairway, for example, the failure of that handrail might be considered the proximate cause of a fall. Responsibility for fixing the handrail may increase if there's evidence that the building's owner ignored complaints about the handrail.

Negligence or Recklessness

In each injury case, there's always a question of whether the conduct of the defendant rises to the level of recklessness or neglect. Let's say your landlord is trying to fix a sink in a house you're renting. If they cause water to end up on the floor and don't warn you about it, they may be seen as negligent or reckless. From a legal viewpoint, the logic is that a reasonable person should watch out for water spilling onto the floor and would warn others about it.