How do you choose a slip and fall attorney? (2023)

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In 2021, a total of 44,686 people died from falls, either at home or at work, according toCenters for Disease Control and Prevention (CDC). Many more people were injured from slip and falls.

Many of these falls were accidents, but many could have been prevented had others not been due to negligence. If you have been injured in a fall, you may want to consult an attorney to learn more about your options. An experienced slip and fall attorney can help you evaluate your accident and advise you on how to proceed.

This guide to finding the best lawyer will help you find a lawyer with the skills and experience to best represent you.


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(Video) Choosing a Las Vegas Slip and Fall Attorney | Injury Lawyer

Tips for Finding the Best Slip and Fall Lawyer

It can be difficult to find a lawyer you can trust to represent you. But by following these steps, you can ensure that you get the right legal help during a difficult time in your life.

Ask people you know for references

While you may never have retained a lawyer before, chances are you have worked with lawyers in the past or know someone who has. So make use of their network to help you choose a lawyer. For example, if you have worked with an estate or estate planning lawyer, they may be able to refer you to a lawyer they trust.

There are also professional organizations, including your state or local bar association, that can provide lawyer referrals. They are a helpful resource in your search for the best person to help you with your slip and fall case.

Find out how payments work

Before hiring an attorney, it is imperative that you understand how your attorney charges for legal services.

The good news is that most attorneys charge on a contingency basis. This means you don't have to worry about paying out-of-pocket legal fees if you lose your case. Your attorney will only collect a percentage of the damages they recover for you if you are successful in obtaining compensation for your slip and fall.

Lawyers differ on whether you should pay actual costs, such as court costs and expert fees, if your case is unsuccessful. Therefore, you should be aware of the policy on this for any lawyer you are considering hiring.

Make sure your attorney has slip and fall experience

Slip and fall cases are governed by a legal system called tort or tort law. This law applies if you slip on someone's property while you are not working.

Make sure the attorney you hire is experienced with the specific type of slip and fall case you are dealing with.

It is also important to make sure that your lawyer has experience settling cases, as well as going to court or hearing workers' compensation claims, since it is difficult to know in advance how your case will be resolved.

Why you need a slip and fall attorney

Hiring an experienced lawyer is essential to resolve your case in the best possible way. Your lawyer will help you in many important ways, including completing the tasks below.


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Your attorney can help you understand which laws apply to your case.

Your attorney will help you identify all parties against whom you can file a tort claim so that you can receive the maximum amount of compensation.

Tort and tort laws require you to prove negligence in order to be compensated. To prove negligence, you may need to establish what your "situation" was on the property where your injury occurred.

For example, if you are classified as a "violator," the landlord does not have the same duty of care as if you were a "permit holder" or "guest." These are technical legal terms that can be difficult to understand, but they make a big difference in how easy it is to file your claim.

Your lawyer will explain the definition of each situation and help you prove that the property owner has not fulfilled the duty that is owed to you. This increases the chances that your claim will be successful.

Your attorney will help you decide whether to settle

In many cases, slip and fall claims are resolved without appeal or hearing. You can settle with your employer's workers' compensation insurance or with the insurer representing the owner of the property where your injury occurred. Often this is a homeowners or real estate insurer.

(Video) How to Win a Slip and Fall Claim - What You NEED to Know

Settlement can be a faster, easier, and less stressful way to get compensation if you receive a fair settlement offer. Your attorney can negotiate on his behalf to maximize the chances of this happening and help you decide if a settlement is worth accepting.

Your attorney will represent you at hearings or court cases

Finally, if you cannot agree with the state on the value of your personal injury or workers' compensation claim, your attorney will represent you in court or before an administrative judge who works in the workers' compensation system. These procedures require specialized legal knowledge to make your case, prove damages, and get the money you deserve.

If you file a tort claim and cannot settle with the defendant, your attorney will handle your lawsuit.


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(Video) Choosing a Slip and Fall Attorney | New York Premises Liability Lawyers

How to interview a lawyer who slips and falls

  • Ask about the experience:You want to know exactly what your lawyer's background and experience is. Although his case is unique, a lawyer who has been very successful in the past has a better chance of helping him prevail.
  • Make sure you know who will handle the details:Sometimes associate attorneys or paralegals handle multiple aspects of your case. Find out how involved your attorney really is in the day-to-day management of your claim.
  • Make sure your communication styles match:Make sure you are comfortable sharing personal information about your injury and that you are comfortable with the method and frequency of communication your lawyer will use.
(Video) Choosing The Right Slip And Fall Attorney | Oxford Law Firm

Frequently Asked Questions (FAQs)

Who is responsible if you trip and fall?

If you trip and fall, your landlord may be held liable if you have negligently fulfilled your obligation to provide a safe space. Your employer may be held liable for any fall-related injuries that occur while performing your job duties. A slip and fall attorney will help you identify the parties that may be legally responsible for covering your damages.

What is the usual compensation for slip and fall injuries?

Compensation for slip and fall injuries is based on many factors, including whether you are filing a personal injury or workplace injury claim. The severity of your injury also affects the compensation you receive. For a non-fatal slip and fall personal injury claim, typical compensation is between $10,000 and $50,000, while fatal incidents typically have payouts of $200,000 or more.

What if I slip and fall at work?

If you are injured on the job, you cannot sue your employer and mustworkers compensation system. There are good and bad things about going through this system instead of the courts.

(Video) Choosing a Slip and Fall Attorney | Edwards & Ragatz, P.C. | Free Review

When going through the workers' compensation system, you do not have to prove negligence. As long as you can show that you fell while working, you are entitled to a benefit. While it's easier to get benefits if your slip and fall occurred on the job, you can't get as much compensation as you could recover through a personal injury lawsuit. For example, workers' compensation does not pay for pain and loss suffered.

A lawyer can help you even if you are injured on the job. In addition to ensuring that your workers' compensation claim is not denied and paid in full, qualified attorneys can also help you identify third parties you could sue after an accident at work to try to maximize your compensation.


What is the highest settlement for a slip and fall? ›

The largest settlement ever awarded in a slip and fall lawsuit was over 20 million dollars. This amount was awarded to the plaintiff, an elderly woman who suffered severe injuries after slipping on a wet tile floor in a hotel lobby.

Why slip and fall cases are difficult to win? ›

Slip and fall cases are difficult to win. This is because they are a type of premises liability, which means that the plaintiff must prove that the defendant was negligent in their duty of care.

How to make a slip and fall case? ›

How to File a Slip and Fall Claim: 10 Steps to Build a Strong...
  1. Seek Prompt Medical Treatment.
  2. Report the Incident to the Owner.
  3. Gather Evidence of Fault and Injury.
  4. Send Injury Claim Notification Letters.
  5. Organize Your Injury Claim File.
  6. Use a Calendar to Track Dates.
  7. Calculate Your Slip and Fall Claim Value.

What is the average compensation for a slip and fall? ›

The average slip-and-fall settlement is between $10,000 and $50,000. If you've been in a slip-and-fall accident, you may be entitled to significant compensation.

How much compensation do you get for a trip or fall? ›

The average slip and fall settlement in California ranges between $15,000 and $50,000, depending on how well your case meets the factors listed above.

What injuries are hard to prove? ›

Some injuries can change a person's life, but are incredibly difficult to diagnose and treat. This is often the case when it comes to injuries such as whiplash, nerve damage, sprains, strains, mild traumatic brain injuries (TBIs) and concussions.

What is the most common cause of slips and falls? ›

Spills, ice, snow, rain, loose mats, rugs, and stepladders are some of the common causes of slips, trips, and falls. In addition, poor lighting and clutter can cause injuries such as sprains, strains, bruises, bumps, fractures, scratches, and cuts.

How do you know if your deposition went well? ›

You know your deposition is going well if you are answering questions to the best of your ability according to the advice of counsel. Your lawyers are there to protect your interests and object to questions you should not answer.

What questions should I ask in an accident? ›

  • Some of the questions below will be applicable and some will not. Which questions are applicable depends on the nature and circumstances of the accident. ...
  • How does the injured employee feel now? ...
  • Who was injured? ...
  • What were the causal factors of the accident? ...
  • When did the accident occur? ...
  • Why was the person injured?

What are some questions to ask about fall? ›

20 Questions to Ask Your Family This Fall
  • The cool, crisp mornings. ...
  • What fall scent smells the best? ...
  • What's your favorite fall activity? ...
  • Where's your favorite place to go in the fall? ...
  • What's your fondest fall memory from your childhood? ...
  • What fall holiday do you enjoy most?
Oct 18, 2021

How much money does Walmart settle for slip and fall accidents? ›

Court Approves Almost Entire $970K Verdict for Walmart Slip and Fall.

What is the usual result of a settlement? ›

The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.

How do you treat a slip and fall injury? ›

The best way will differ from person to person, but as a guide, you can:
  1. Roll onto your side.
  2. Push yourself up to a side sitting position.
  3. Slowly get onto your hands and knees.
  4. Crawl towards a sturdy piece of furniture that can support you to get up – such as a solid chair or sofa.
Mar 14, 2023

What is the most money awarded in a lawsuit? ›

1998 – The Tobacco Master Settlement Agreement - $206 Billion. The Tobacco Master Settlement Agreement was entered in November 1998 and is still the largest lawsuit settlement in history.

How much can you get on fall injury? ›

Average Payouts for Slip and Falls

Slip and fall payouts can be as low as $10,000 or in the millions. An average case can settle between $15,000 and $50,000. It will depend on the circumstances of the case, how much the other party was at fault, and the extent of your injuries and losses.

Can I claim compensation for a fall? ›

Your employer has an important duty of care. If they've failed in theirs and you've been hurt in a slip, trip or fall, you're entitled to make a slip and trip claims for compensation.

What is the hardest injury to heal? ›

Serious injuries that are long-term or permanent in nature are considered “catastrophic injuries,” and they are the most difficult to recover fully from. Examples of catastrophic injuries include, but are not limited to, the following: Traumatic brain injuries. Spinal cord injuries.

What are four signs that an injury is severe? ›

Symptoms of an acute injury include:
  • Sudden, severe pain.
  • Extreme swelling or bruising.
  • Not being able to place weight on a leg, knee, ankle, or foot.
  • Not being able to move a joint normally.
  • Extreme weakness of an injured limb.
  • A bone or joint that is visibly out of place.
Sep 1, 2021

What body injury hurts the most? ›

Flail Chest: Defined as at least two ribs broken in at least two places (each) this high force trauma injury occurs when a section of the rib-cage becomes broken away from the rest, and is able to move independently of the rest of the chest.

What usually results from slips and trips? ›

Lost wages & out-of-pocket expenses. Pain. Temporary or permanent disability. Reduced quality of life.

What is the number one cause of falls? ›

Poor balance

weak muscles. health conditions – like stroke and Parkinson's disease. the side effects of some medications.

What are the consequences of slips trips and falls? ›

More serious slips or trips together with the resulting falls may result in: • sprains or strains • broken bones when trying to break the fall • a back injury due to the sudden and forceful impact during a fall • burns if it occurs near hot surfaces or if the person is handling hot fluids • cuts if it occurs near sharp ...

What are the two types of falls? ›

Falls are of two basic types: elevated falls and same-level falls. Same-level falls are most frequent, but elevated falls are more severe. Same-level falls are generally slips or trips. Injury results when the individual hits a walking or working surface or strikes some other object during the fall.

What are 3 common causes of falls? ›

Certain conditions, such as diabetes, heart disease, or problems with your thyroid, nerves, feet, or blood vessels can affect your balance and lead to a fall. Conditions that cause rushed movement to the bathroom, such as incontinence, may also increase the chance of falling.

How would you describe a slip and fall accident? ›

What Is a Slip and Fall Accident? Slip and fall accidents are precisely what they describe—an event during which someone slips and falls down, for any reason, and suffers some injury as a result. A legal action may commence if the injured person is lawfully on another's property when the slip and fall occurs.

What not to ask at a deposition? ›

Which Questions Shouldn't I Answer in a Deposition?
  • Private information. You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). ...
  • Privileged information. ...
  • Irrelevant information.

What should you not say during a deposition? ›

What Should You Not Say During a Deposition?
  • Guessing or Speculating on Things. ...
  • Saying Things Out of Anger. ...
  • Rambling. ...
  • Speaking in Absolutes. ...
  • Stick to the Facts. ...
  • Take Your Time When Answering Questions. ...
  • Use “Yes” or “No” Answers Whenever Possible. ...
  • Get Through Each Question on Its Own.

What kind of questions are asked in a deposition? ›

Basic Background Questions
  • What is your full name?
  • Have you ever used any other names? Maiden name?
  • Do you have any nicknames? What are they?
  • What is your date of birth? Where were you born?
  • What is your age?
  • What is your social security number?
Mar 22, 2017

What are five things you must do at an accident scene? ›

5 things you should do when you are in a car accident
  • Contact law enforcement immediately. ...
  • Take photos. ...
  • Seek medical attention. ...
  • Never speak to the other parties' insurance company or give a recorded statement. ...
  • Call your car accident lawyer.
Sep 5, 2022

What makes a good accident investigation? ›

When incidents are investigated, the emphasis should be concentrated on finding the root cause of the incident so you can prevent the event from happening again. The purpose is to find facts that can lead to corrective actions, not to find fault. Always look for deeper causes.

What 3 things are your top priorities at an accident scene? ›

Do everything on this list to protect yourself from being taken advantaged of.
  • #1 – Stay Calm. ...
  • #2 – Stay Safe. ...
  • #3 – Leave the Vehicles Where They Are. ...
  • #4 – Never Admit Fault. ...
  • #5 – Only Talk to the Police. ...
  • #6 – Get Medical Help Immediately. ...
  • #7 – Always Call the Police. ...
  • #8 – What to do/say/get from the Police.
May 12, 2021

What are 4 good questions to ask? ›

Try these:
  • What is on your bucket list?
  • What are you most thankful for?
  • What is your biggest regret in life?
  • What are you most afraid of?
  • What do you feel most passionate about?
  • How do you like to spend your free time?
  • What would your perfect day be like?
  • What does your dream life look like?
Jul 5, 2022

What are the 5 major questions? ›

They include Who, What, When Where, and Why. The 5 Ws are often mentioned in journalism (cf. news style), research, and police investigations. They constitute a formula for getting the complete story on a subject.

What are the 4 basic questions? ›

There are four types of questions in English: general or yes/no questions, questions using wh-words, choice questions, and disjunctive or tag/tail questions.

What is the highest paid settlement? ›

1998 – The Tobacco Master Settlement Agreement - $206 Billion. The Tobacco Master Settlement Agreement was entered in November 1998 and is still the largest lawsuit settlement in history.

How much are most personal injury settlements? ›

An average personal injury settlement amount is anywhere between $3,000 and $75,000. Be careful when using an average personal injury settlement calculator to give you an idea of what you may stand to collect. These numbers really depend on your individual case and are hard to predict without a professional.

How much money should I ask for in a settlement? ›

To get a general idea of settlement, add up the costs in medical bills, damages, and lost wages, and multiply the sum by three. This may be around the amount in the settlement you can receive after a car accident. Compensation for pain and suffering is only given to those who are injured in a car accident.

How do you negotiate a higher settlement? ›

You Can Negotiate a Settlement. Here's How
  1. Hold Onto Everything. ...
  2. Open an Insurance Claim in a Timely Manner. ...
  3. Estimate the Value of Your Claim Carefully. ...
  4. Write an Effective Demand Letter. ...
  5. Reject the Insurer's First Offer. ...
  6. Highlight Facts that Benefit You. ...
  7. Remain Calm During Negotiations. ...
  8. Hire a Lawyer to Help.

What is the largest pain and suffering settlement? ›

General Motors Auto Defect Case — $4.9 Billion

The vehicle was rear ended, and the faulty placement of the gas tank caused the vehicle to catch fire. The victims inside suffered severe burns. The verdict was stated to allow $107 million to compensate the family for pain and suffering and disfigurement.

How long do settlement negotiations take? ›

Mediation can take as little as a few hours or as much as several days. If you still cannot agree during the mediation, you might decide to file a lawsuit. Overall, the settlement negotiation process typically takes a few weeks to a few months.

What is the most common personal injury claim? ›

Common causes of accident at work claims include:
  • Slips, trips and falls – caused by wet or uneven floors, loose cables, or faulty equipment.
  • Falls from height.
  • Insufficient training.
  • Defective equipment/machinery.
  • Manual handling injuries – caused by lifting heavy items without being given proper training or lifting aids.

What is the average slip and fall settlement in California? ›

According to the California Business Journal, the average slip-and-fall settlement in California ranges between $15,000 to $50,000. But that isn't very helpful. The better question to ask is how much your case is worth after accounting for its unique circumstances.

What would my settlement figure be? ›

What is a settlement figure? Simply put, it's the amount of money you have to pay back to the finance company to completely pay off your agreement. An early settlement figure is the amount outstanding, minus a rebate of interest and charges if you want to pay off your car finance early.

How long does it take to get pain and suffering? ›

A personal injury lawyer familiar with civil claims and lawsuits can help you better understand how compensation works. The process of receiving your compensation for pain and suffering generally takes about six weeks, but the true timeline may vary.

Why would parties choose to settle instead of going to trial? ›

Settling a case out of court means that you avoid replaying the situation in front of a jury and judge. Details of a case may be hard to relive in a court setting, which is why someone might prefer to settle out of court as opposed to having all the details of the case presented in a trial.

Does Medicare cover slip and fall? ›

Yes. Medicare and Medicaid are government benefits designed to pay for medical needs. That includes injuries that aren't your fault, be it a wreck, fall, injury caused by a healthcare provider, and even care for fatal accidents. These benefits are considered the same as health insurance in legal cases.

How long does it take to get a settlement check from Walmart? ›

How Long Does It Take to Get a Settlement Check From Walmart? How long it takes to get a settlement check from Walmart depends on how long it takes to resolve your claim. Once you resolve your claim, you can expect a settlement check in six weeks or less. In many cases, it only takes three weeks to get your check.

How much does Walmart usually settle for? ›

Settles For $415,000. In February 2021, the California Air Resources Board and Walmart, Inc.


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3. Choosing a Ventura Slip and Fall Attorney | Personal Injury Lawyer
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5. Choosing a Slip and Fall Attorney - Swenson & Shelley PLLC
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6. Choosing a Slip and Fall Attorney | The Gunnels Law Firm
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