You never know how, when, or where you are likely to slip and fall and sustain injuries. If such an unfortunate thing happens, you are likely to ask yourself, “who’s the best lawyer near me to help me out?” Undoubtedly, you need one of the best lawyers to determine whose fault it was, and if your injuries are in dispute, you need a skillful negotiator on your side to ensure you get the compensation due to you.
Your Lawyer Helps Establish Fault
The crucial thing is to establish the opposite party’s fault, failing which you have no case. Even to go to trial and seek a fair settlement, your lawyer will first prove the property manager or owner was at fault due to their negligence, which is pivotal to turning the case in your favor. Crucial questions like whether you missed a step, or slipped on some substance on the step, were you on the phone, was there a difference in the height of the steps (risers of varying heights), etc., are some things to ponder. Here you can visit Warnett Hallen LLP, the best slip and fall lawyer in Vancouver, BC.
Statute of Limitations
An experienced lawyer will investigate the chain of events that led to the slip and fall, causing the injury. Remember that the South Dakota “statute of limitations” stipulates that any accident injury victim has to file the initial complaint and then make a claim within three years from the injury date. In some exceptional cases, you are allowed a pause or “toll,” allowing you some elbow room to start the case even after the stipulated period has lapsed.
Comparative Negligence in Slip and Fall Cases
The insurers will have their lawyers try to shift part of the blame on you to make the property owner less liable. This shifting of guilt is known as “comparative negligence” in legal parlance, which can turn out to be unfavorable to the plaintiffs unless you have an experienced lawyer on your side. When your case goes to trial and if the opposite party’s lawyer establishes that you are slightly at fault for your slip and fall (even if you are not), you could either lose the entire compensation amount or get only a part of it. Suppose the court finds the plaintiff to be guilty of contributory negligence, your lawyer can still prove that your contribution was slight compared to the defendant’s negligence and get you proportionate compensation.
What is the Cost?
Most people fear contacting a lawyer thinking the fees would be too high for them to afford. They would instead try to settle with the defendant and their insurer outside the court. However, what you get as compensation is a mere pittance in such cases. When you search for “a lawyer near me” on the internet and find the right one, you’ll learn that some lawyers work on a no-win-no-fee basis, where you pay only after getting the compensation. Under this agreement, the fee is mutually agreed upon, though the payment is made from the claim proceedings. In rare cases, the plaintiff may lose, and in such instances, the lawyers forgo their fee, which happens very rarely.
A slip and fall and the subsequent injury is something that happens suddenly and is unfortunate. However, understanding your legal options with the best lawyers by your side can help you recover the rightful claim compensation.