Hiring an experienced attorney is crucial to best resolve your case. Your attorney will assist you in many ways, including completing the following tasks.
Your attorney will help you understand which laws apply to your case
First and foremost, your attorney will help you understand whether your case will be resolved by a workers’ compensation claim or by a personal injury lawsuit.
If you were injured at work, you cannot sue your employer and must go through the workers’ compensation system. You do not have to prove negligence to the workers’ liability insurance. As long as you can show that your fall occurred while performing your job duties, you are entitled to benefits. But you cannot get all the compensation you would get under personal injury laws, e.g. B. Compensation for pain and suffering.
Experienced slip and fall attorneys can also help you identify third-party defendants who may be suing you after an accident at work to try to maximize your compensation. And for non-work related injuries, your attorney will help you identify all parties against whom you could bring a tort claim, so you receive maximum damages.
If your injury was not work-related, you must prove negligence under the public liability and tort laws in order to recover losses. To prove negligence, you may need to establish your “status” on the property where your injury occurred.
For example, if you are classified as an “intruder,” the property owner does not owe you the same duty of care that you would if you were a “licensee” or “invitee.” These are technical legal terms that can be complex to understand but make a world of difference in how easy it is to make your claim.
Your solicitor will explain the definition of each status and will help you prove that the owner of the property has failed in a duty owed to you. This maximizes the chances that your claim will be successful.
Your lawyer will help you decide whether you want to settle down
In many cases, slip and fall claims are resolved without a trial or hearing. You can settle with your employer’s worker’s compensation insurance or with the insurer representing the property owner where your accident occurred. This is often home contents insurance or property insurance.
Comparing can be a faster, easier and less stressful way to get compensation if you get a fair settlement offer. Your attorney can negotiate on your behalf to maximize the chances of this happening and can help you decide if a settlement is worth accepting.
Your attorney will represent you at hearings or litigation
Finally, if you cannot agree with the state on the value of your injury or work-related compensation claim, your attorney will represent you at hearings in court or before an administrative judge who works in the work-related compensation system. These procedures require specialized legal knowledge to defend your case, prove damages, and get the money you deserve.
If you make a tort claim and cannot reach a settlement with the defendant, your attorney will conduct your case.
