Last updated Feb. 15, 2018.
Slip-and-fall accidents are one of the most common examples of Occupiers’ Liability claims in Ontario. These accidents can occur when a building or property owner fails to remedy dangerous conditions on his or her property, such as ice on steps, a puddle in a supermarket aisle, and so on.
If you or your loved one needs to file a claim after a slip and fall accident, you may wonder whether or not you will need a lawyer and of what benefit a lawyer would be to you. Injured victims who have legal representation may fare better in slip and fall lawsuits. Having a lawyer by your side not only makes the claims process a lot less confusing and intimidating, but it also gets the attention of the defendants and the insurance companies.
There are multiple ways in which a lawyer can help you and improve the chances of a successful claim. Below we discuss a few of them.
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1. A Slip and Fall Lawyer Will Know How to Prove Liability
Slip and fall accident claims hinge on negligence, i.e., you will have to be able to prove that someone else was responsible for — and therefore liable for — your injuries. Proving liability is not always an easy, straightforward process. The average person who is not well-versed in handling injury cases might not know the elements necessary to prove a claim or what types of evidence might be advantageous.
Evidence is the key to a successful Occupiers’ Liability claim. An injury lawyer has the resources necessary to secure evidence when building a claim. This may include store surveillance footage, maintenance records and photos of the accident scene.
Witness testimony also may be critical in supporting your version of events. A lawyer can help you locate witnesses who are necessary to verify the events before, during, and after your accident. A lawyer will know which questions to ask and how to present the answers in a compelling way.
A slip and fall lawyer will know how to approach your case. When you decide to work with a lawyer, he or she will be able to identify and collect evidence, work with key expert witnesses, and put together a solid case that demonstrates the other party’s fault for your accident.
2. A Slip and Fall Lawyer Will Protect Your Best Interests
You likely are in need of time to focus on healing from your injuries. A lawyer can handle all discussions and negotiations with the insurance company and defendant so you can spare yourself the time and stress of such interactions.
With slip and fall accidents, the defendant’s insurance company is likely to try to either totally negate your claim or try to offer you a settlement that’s far lower than you deserve. Without a lawyer, you might not know what the appeals process entails or what’s considered a fair offer, and you might inadvertently agree to something that’s not in your best interest.
A lawyer can calculate the true value of your claim so that you will know when someone is trying to pull the wool over your eyes. A lawyer also will attempt negotiations with the other party to try to secure the most funds possible for you. And if a fair negotiation cannot be reached, a lawyer will prepare your case for court to fight for your best interests.
3. A Slip and Fall Lawyer Will Take Care of the Legal Nitty-Gritty
Most people who don’t have a background in law do not have the knowledge or skill set needed to take care of all the legal matters effectively that accompany a slip and fall claim. But a lawyer does.
A lawyer’s knowledge of liability law will benefit your case greatly. Below are some of the things a slip and fall lawyer will handle for you.
- Drafting court documents, which are full of legal terminology;
- Ensuring you meet deadlines;
- Speaking with insurance companies, witnesses, medical experts, etc.;
- Finding case law to support your claim; and
- Tallying the total value of damages, from medical treatments and rehabilitation costs to lost current and future wages.
A lawyer can help you hit all deadlines and file the necessary paperwork according to legal and insurance industry standards. Filing a claim on time is crucial.
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Get a Free Consultation with a Slip and Fall Lawyer in Ontario
Work with a firm that has experience handling cases similar to yours and that have a successful track record. If you reside in Ontario, we hope that you’ll consider Preszler Law. We have been helping injured Ontarians since 1959 and have won millions of dollars for our clients.
Contact us today at 1-800-JUSTICE® to schedule a free consultation and learn how we may be of service to you.