Slip-and-fall accidents are the most common type of premises liability claim. Premises liability is a type of personal injury claim in which an individual is injured as a result of a property owner’s failure to regularly inspect their property for hazards that can cause injury to guests and to promptly mitigate any hazards they find.
If you have been injured in a slip-and-fall accident in Alexandria, Louisiana, you can seek compensation for the expenses and psychological impacts of your injury through the personal injury claims process. An experienced slip-and-fall accident attorney from Morris Bart can help you understand this process and the services we can provide to assist you.
How an Alexandria Slip-and-Fall Accident Lawyer Can Help With Your Claim
According to the National Floor Safety Institute (NSFI), slip-and-fall accidents result in around one million visits to U.S. emergency rooms each year, with the most serious injuries resulting from this type of accident including hip fractures and other broken bones, traumatic brain injuries, and spinal cord injuries. Falls are a leading cause of death, particularly for those over the age of 65.
The Louisiana personal injury claims process generally begins with a demand made to the homeowner’s or business owner’s liability insurance policy for the value of the claim. If the insurance provider refuses to pay the demand or offers a settlement that fairly compensates you for the past, current, and future impacts and expenses of your injury, then the claim can be filed in civil court as a personal injury lawsuit. Alexandria slip-and-fall lawsuits must be filed within one year of the date of the injury, in accordance with Civil Code §3492.
For a free legal consultation with a Slip and Fall Accident lawyer serving Alexandria, call 800-537-8185
Assisting You in Making Decisions About Your Claim
One of the most important things your Alexandria slip-and-fall accident can bring to your claim is experience with the process. This experience helps them to provide the guidance you need to make important decisions about your case, including the decision on whether to accept a settlement or file your claim in court. All of these decisions are yours to make; your attorney’s role is to ensure that you are prepared for them.
Investigating the Facts of Your Case
A slip-and-fall accident lawyer in Alexandria will investigate the facts of your accident to determine many things, including:
- Whether a personal injury claim is a legal option for you.
- Determining who is liable and the associated insurance resources of the liable party that can provide your compensation.
- Establishing a value to your claim that is based on the severity of your injury and the expenses and impacts that have been incurred.
With such a short statute of limitations involved in Louisiana slip-and-fall accident claims, your attorney’s legal team will often be preparing your lawsuit, engaging in settlement negotiations, and conferring with your doctor to determine how your accident will likely impact you financially and psychologically in the future.
Communicating with the At-Fault Party’s Insurance Provider
When you hire an attorney to assist you with your claim, they will manage communications with the at-fault party’s insurance provider. This is important not only for the purpose of negotiating a settlement but also to protect your claim from known insurance company tactics used to reduce the amount of payouts they make as a result of their insured. These tactics often include:
- Convincing a claimant to take a ridiculously low settlement or to agree to a settlement without first conferring with an attorney.
- Convincing a claimant to release all of their medical records, which the insurance adjuster will then look through in search of a pre-existing condition or some other reason to deny or reduce the claim.
- Telling a claimant that they must respond to a settlement by a certain date.
- Telling a claimant that their claim does not qualify for non-economic (pain and suffering) damages.
These tactics generally are not used with claimants who have an attorney on board.
Gathering the Evidence and Witness Testimony to Prove Your Claim
In order to prove a slip-and-fall claim in Louisiana, you must be able to prove the following elements:
- An unreasonable hazard existed on the property.
- The property owner or possessor knew or reasonably should have known the hazard existed but failed to mitigate it.
- The hazard caused your injury.
- Your injury resulted in expenses and psychological impacts.
Examples of the type of evidence used to prove liability in an Alexandria slip-and-fall claim include photos of the hazard, reports from witnesses to your accident previous complaints or claims involving the same issue, official reports from first responders, and proof of your financial losses, such as medical bills or employment-related documents referencing your injury and missed time from work.
Offering Litigation Services
The vast majority of slip-and-fall accident claims are resolved through a negotiated settlement before they ever receive their day in court. However, there is no way of knowing which claims will be litigated. It is important to find an Alexandria slip-and-fall accident attorney that is comfortable with the idea of fighting for your right to compensation through litigation as they are through the settlement process.
Helping to Collect Your Settlement or Award
After your claim has been resolved through a settlement agreement or a court decision, your attorney will assist you in collecting your compensation. At this time, they will also receive payment for their services as outlined in your contingent fee agreement and will satisfy other debts that they are responsible for in accordance with that agreement.
Talk about Your Case with a Slip-and-Fall Accident Attorney in Alexandria Today
If you’ve been injured in an Alexandria slip-and-fall accident, an experienced attorney from Morris Bart is available to discuss your legal options with you. For your free case evaluation, contact us.
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