Do I need an attorney for a slip and fall case?

While some slip and fall cases can be handled on your own in Small Claims Court, most will require the assistance of counsel. Slip and fall cases can be difficult to win in court, because there is no exact method for proving that a property owner (or employee) owes you compensation for an injury that occurred on his/her property. Generally, you must prove that there was a dangerous condition caused by the person you are suing, and that your injury was a direct result of the condition. If you wish to pursue a slip and fall injury case, you should first contact a personal injury attorney. An attorney can provide a competent assessment of your case, and will deal with the landowner or his/her insurance carrier. An attorney can also locate experts to help in the evaluation and presentation of your case, if it proceeds to trial. Most slip and fall attorneys take cases by contingency fee, which means that they receive a percentage of any settlement you receive from a case, and if you do not receive any money, your attorney receives nothing as well. In most states, standard contingency fees are 25-40% of the final settlement, and usually about 33.3%.

If you chose to hire an attorney for your case, have any agreement regarding payment, costs, etc., in writing at the outset of the case.

Most work related injuries are handled through your state's workers compensation system, and if you receive workers compensation benefits, you are usually precluded from suing your employer. However, if a third party - such as a bottled water company making a delivery - was responsible for the condition that caused you to slip, you may have a claim against that company. You should speak with a slip and fall attorney to discuss your rights, given the facts of your situation. You should speak with a slip and fall attorney to discuss your rights, given the facts of your situation. You can find more information about workers' compensation at FreeAdvice.com. Check out AttorneyPages.com for a listing of personal injury attorneys in your state.

You should promptly notify your insurance carrier. Most insurance policies have a requirement that you notify the insurance company of any potential claim within a very short period of time after the incident occurs.

If you feel that the person who fell was careless or inattentive, you may want to take the names of any witnesses who saw the incident occur. You'll also want to document conditions, with your own photographs, as soon after the incident as possible – especially if you are free from blame.

You may also want to stay in contact with the injured guests and keep track of their statements. Sometimes a person will change his or her story after they have spoken with friends or an attorney, and early statements may be more accurate than later ones.

Finally, if the slip and fall occurred as a result of a permanent condition on your property, fix it. You are now on notice of a potentially dangerous condition. If others injure themselves as a result of the same condition, you'll be even more likely to be held liable for their injuries.