You are going about your business when someone’s failure to maintain their property causes you to fall. A Philadelphia slip and fall lawyer helps victims make a personal injury claim for their damages, getting them the financial recovery they are owed under the law.
Falls are one of the leading causes of emergency room visits, with slip and fall accidents accounting for 1 million emergency room visits each year. However, slip and fall claims in Pennsylvania involve a complex convergence of premises liability and negligence laws. Understanding who is liable, and how to pursue a claim is critical to recovering a fair settlement.
What to Look for in a Slip and Fall Lawyer
Deciding to hire a lawyer is an important first step for many slip and fall victims. However, after that choice is made, they are faced with the results on a Google search page. Choosing the right lawyer will depend on their skills, knowledge, and finding the right fit.
Experience
Finding an experienced slip and fall attorney is essential. You will want a lawyer who knows how to navigate these types of injury claims and the nuances of premises liability. A seasoned legal professional knows from past experience how to pursue just compensation.
Advocacy
Attorneys are advocates. Past client testimonials can shed light on how a lawyer will work on your behalf and their personal “style.” Working with a fierce advocate can be crucial in the fight with the insurance company.
Attorney Fees
You should understand upfront a slip and fall lawyer’s fee schedule. Whether they work on an hourly, flat rate, or contingency basis is vital; you need to know an attorney’s rates and whether they match your expectations.
Communication and Client Relationships
Finally, you need to determine whether a particular personal injury attorney’s communication-style fits your needs. Discord in lawyer-client relationships can cause problems that can affect your claim.
Taking the Stress Out of the Process
Slips and falls can lead to serious injuries, dealing with a personal injury claim in addition to making a physical recovery can be overwhelming. These types of personal injury cases are considered “premises liability” claims, falling within the umbrella of personal injury law.
Premises Liability
Under Pennsylvania law, property owners and business owners have a duty to maintain safe premises. They, or their liability insurance, can be responsible for any injuries that occur if they fail to remove, or warn of, unsafe conditions.
To recover the plaintiff must show:
- The defendant owed the plaintiff a duty of care;
- The defendant breached that duty;
- The plaintiff was injured as a result of the breach;
- The harm resulted in damages.
Establishing this is critical to receiving a favorable settlement or verdict.
Comparative Negligence
To make matters more complex, Pennsylvania is a modified comparative negligence state. This means that a plaintiff can recover only if they were 50% or less to blame for their injuries. If they are found to be more than 51% at-fault, they cannot recover.
Getting Legal Help
Within this complex personal injury law regime, having legal guidance can alleviate stress. At The Law Offices of Greg Prosmushkin, P.C., we have seen how partnering with a slip and fall lawyer can help injury victims. Legal assistance can lead to favorable outcomes, allowing you to resolve your claim efficiently and fairly.
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