Slips and falls are a leading cause of fatalities worldwide.
According to the World Health Organization (WHO), an estimated 684,000 people die from falls annually. Falls are presently the second leading cause of death due to unintentional injuries, coming only after motor vehicle accidents.
A significant percentage of slips and falls in Little Rock, Arkansas, are inevitable. However, many of these accidents are often due to sheer negligence.
Therefore, it’s important to understand your legal options as a slip and fall victim. Knowing how to proceed following a fall accident can help you navigate the aftermath, which often involves incurring hefty financial losses in medical bills and lost workplace productivity.
Here’s a look at how Little Rock slip and fall attorneys can strengthen your case.
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1. Investigating the Incident
Slips and falls can occur anywhere, including parking lots, the factory floor, and even in healthcare facilities. Despite the location, many of these accidents are usually due to gross negligence.
A Little Rock slip and fall injury attorney can help document vital evidence required to prove negligence and liability. The lawyer will rush to the accident location and secure the scene before the evidence is contaminated. They’ll then photograph and video the scene, paying attention to the general condition of whatever caused the accident – floor, staircase, machine, etc.
If there are witnesses willing to testify, your lawyer will politely approach them and try to record their statements.
Other vital evidence the attorney may have to secure includes incident reports, security camera footage, machine maintenance records (for falls caused by workplace equipment), and medical records.
2. Calculating Damages
Computing damage is one of the most difficult steps during a slip and fall claim. But that’s where a professional attorney can make a significant difference.
First, your slip and fall lawyer will consider the extent of injuries sustained from the accident. Severe injuries correspond with higher payouts, and vice versa.
Your attorney will then factor in the emotional suffering resulting from the ordeal. The fact that emotional pain is difficult to quantify makes it easy for your lawyer to negotiate for the maximum compensation possible.
Other critical aspects your Little Rock slip and fall attorney will consider while calculating damages include medical costs (both current and future) and lost wages due to incapacitation.
3. Guiding On Proper Decision Making
Slip and fall victims may choose to pursue compensation inside or outside the court. It’s your lawyer’s duty to advise on the best route to take.
Most attorneys will recommend out-of-court dispute resolution since it’s less time-consuming. If the negligent party is cooperative, you may reach an amicable settlement within a day or two.
However, it’s human nature to deny liability. If the at-fault party won’t budge despite confronting them with compelling evidence, the only other alternative would be to pursue a court-mediated settlement.
Going the court route may also be necessary for falls that cause severe injuries.
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4. Interpreting the Statute Of Limitations
The statute of limitations may not be a major concern when filing a claim for a recent slip and fall accident.
But if significant time has lapsed since the incident date (perhaps because you discovered your injuries much later), then you’ll need your Little Rock attorney to interpret the applicable statute of limitations.
As with the rest of Arkansas, the statute of limitations for slip and fall accidents in Little Rock is three years from the incident date.
Note that there may be exceptions to the general rule, depending on the nature of the accident. For instance, if a slip and fall cause injuries to minors, the statute of limitations applies from the date the victim turns 18.
5. Preparing the Necessary Paperwork
Navigating slip and fall claims often involves extensive documentation. It’s your lawyer’s duty to ensure all paperwork is accurately prepared and timely filed.
Usually, a formal complaint would start by highlighting the accident’s location and affected individuals (you and the negligent party).
Your lawyer will then underscore the severity of your injuries in a bid to make a compelling case for compensation.
A duly completed complaint would then be lodged at a court of competent jurisdiction, formally initiating the claims process.
6. Managing Insurance Negotiations
One of the most taxing steps when handling slip and fall lawsuits is managing negotiations with insurance companies.
First, your lawyer will highlight the evidence secured from the accident scene. Any self-respecting insurance company won’t deny a valid claim in the face of overwhelming evidence.
Your attorney will then make an offer that’s commensurate with the damages incurred. This initiates a back-and-forth negotiation process that hopefully culminates in an amicable resolution.
Besides managing the negotiations, your lawyer will handle all correspondence with the insurance companies concerned. This helps cushion you from inadvertently making self-incriminating statements or accepting a lowball settlement.
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7. Representing You in Litigation
If negotiations collapse, your Little Rock slip and fall attorney will take the case to full trial.
The lawyer will craft persuasive legal arguments to advocate in your favor. Among their critical roles here would be to leverage the evidence documented at the accident scene and cross-examine witnesses.
Your lawyer will also seek to water down the opposing counsel’s argument by challenging the admissibility of their evidence and attacking the credibility of their witnesses.
Since closure is important for slip and fall victims, your attorney will also plead for an expedited trial.
8. Collaborating With Other Experts
Slip and fall attorneys don’t work in isolation. Instead, they partner with other professionals whose expertise can be useful when navigating the aftermath of slip and fall accidents.
If a case is proving difficult to crack, your Little Rock slip and fall attorney may pray to the court to invite expert witnesses. Insights from witness experts can be invaluable in assessing the credibility of witness statements.
Besides, your slip and fall attorney may enlist the input of financial analysts to help quantify your losses. This ensures you receive every dollar you’re entitled to.
More importantly, your lawyer may refer you to the right medical professionals. Whether it’s a physiotherapist or trauma expert, the intervention of these medical practitioners can strengthen your case and accelerate your recovery from slip and fall accidents.
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Final Word
Slips and fall injuries have a way of striking unannounced. And when they do, the consequences can be devastating.
Seeking legal representation is the surest way to maximize your compensation following a slip and fall injury.
Your Little Rock slip and fall injury will assist with evidence collection and handle all critical negotiations with insurance companies. The lawyer will also represent your legal rights if the matter ends in court, helping bring the negligent party to book.
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