Whether you’ve fallen at a retail store, tripped and fell on a jagged sidewalk or otherwise been injured on someone else’s property, no one expects to find themselves considering a slip and fall claim. You may be facing medical bills, missed time from work, and disruption to your daily life. Read our slip and fall FAQ to understand the basics around slip and fall claims.

Keep in mind, it’s always best to consult with a personal injury lawyer who specializes in slip and fall injury. At Brandon J. Broderick, our highly rated attorney team offers free consultations. Don’t hesitate to contact us to discuss your case.

What’s a Good Slip and Fall Claim?

A strong slip and fall claim will include evidence that the property owner was liable and negligent in their actions (or lack thereof). Slip and fall cases often come down to the property owner’s knowledge of the hazard that caused your injury (such as a spill or icy stairs) and what was done to warn guests or invitees about the hazard. 

For instance, imagine you are shopping at a supermarket and a customer spills a large amount of water on the floor, alerts the manager who then does nothing to clean it up or caution other customers. If you then slipped, you may have a credible case to sue the store because they should have cleaned it up and then warned customers about a slippery floor. 

How Long Do I Have to File a Slip and Fall Claim?

The amount of time you have to file a slip and fall claim – also known as the ‘statute of limitations – depends on the state, and in some cases, the type of property. For instance, in New Jersey, you have 2 years from the date of the accident to file a legal claim against the liable party to recover compensation for your injuries. In New York, you have three years from the date of the accident to file a slip and fall lawsuit.

Keep in mind, if your accident occurred on government or municipal property, you may have a very short window to file a notice of claim. It’s in your best interest to contact a personal injury attorney as soon as possible after the accident.

How Do You Negotiate a Slip and Fall Settlement?

Negotiating a slip and fall settlement without the help of a personal injury lawyer can be challenging. Insurance companies may utilize a host of tactics to try to deny or devalue your claim. Early on, the insurance company may offer you a lowball settlement that may not cover all of your losses. Once you agree to a settlement offer, you can’t go back and seek additional compensation. For that reason, you need to have a full understanding of your expenses and losses related to your injury – both now and in the future.

A personal injury attorney who specializes in slip and fall cases has the experience and skill to build a case with solid evidence that makes it hard to dispute. A skilled attorney will also know to properly value your claim to seek the maximum compensation. 

Do Most Slip and Fall Cases Settle Out of Court?

Yes, the majority of personal injury cases, including slip and fall claims, settle out of court versus going to a trial. If a settlement isn’t reached in the initial negotiation period after a claim is filed, the claim then moves to a formal lawsuit process. If after that period, a settlement is not reached, the case may go to trial. However, that scenario is fairly rare. That being said, it’s important to choose a slip and fall attorney with trial experience, especially in high value claims.

What if my Slip and Fall Claim is Denied?

If your slip and fall claim has been denied, consult with a personal injury attorney about your case. Your claim could be denied for a variety of different reasons. Seek legal advice as soon as possible.

Brandon J. Broderick, Personal Injury Attorneys

Hiring an experienced slip and fall accident lawyer can make all the difference in the outcome of your case. If you experienced severe injuries or were hurt after a fall incident on commercial or public property, you should consult a personal injury attorney about your case. By having legal representation, your lawyer will handle all communications with the insurance company on your behalf and work toward securing a fair settlement for your slip and fall accident. Why risk being unfairly compensated and not having recourse to fix it? 

When you hire a slip and fall accident lawyer from Brandon J. Broderick, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay. Don’t wait, contact us today for a free consultation. With our proven track record of success and our commitment to client care, we can turn your setback into a comeback.


Posted by: Brandon J. Bro…
Date: Mon, 03/28/2022 - 18:20

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