If you are injured in a slip and fall accident, recovering damages can be complicated because it is not always clear to the injured victim who exactly could be held liable for the incident. An experienced D.C. personal injury attorney can protect your rights and help you obtain the compensation you deserve for your injuries.
The Silver Spring slip and fall lawyers of Goldberg Finnegan have assisted countless victims of slip and fall accidents in recovering compensation for their injuries. We have the experience to guide you through the legal process by ensuring the necessary steps are taken to protect your rights, including:
Securing Evidence
The importance of securing any relevant evidence cannot be overstated, as it may ultimately determine whether or not you can recover damages for your injuries. Your personal injury attorney can guide you on the evidence that will be needed for building your case and can help you collect anything you are not able to.
Generally, you will want to make sure you get numerous clearly identifiable photos of the area where you fell, as well as the surrounding area. If your fall took place on stairs or an elevated platform, make sure to get photos from all angles to ensure a clear and unobstructed representation of the area.
If your fall occurred in wintry conditions, check to see if any efforts were taken to treat the walkway beforehand, and if so, document what those efforts entailed.
If you tripped and fell over something, do everything in your power to obtain the item if possible; if not, take photos of the object from multiple angles to establish size and perspective. Finally, if you slipped and fell because of a foreign substance on the floor, do everything you can to get a sample if possible, or at least make sure to note any odors or other odd characteristics that may be useful in the future.
Dealing with the Insurance Company
Although the circumstances of each case vary, never forget that the insurance company representing the liable party is not your friend. The job of insurance adjusters is to avoid paying claims, so no matter how friendly an adjuster may seem, they are not on your side under any circumstances.
The best way to deal with the insurance company is to let your lawyer handle all communications. Remember, you are under no obligation to speak to an insurance adjuster, so do not allow anyone to pressure you into believing otherwise. At Goldberg Finnegan, our lawyers know how to handle insurance companies on your behalf, which provides you with peace of mind while focusing on your recovery.
Proving Fault
Maryland is one of only five states that still use a standard of contributory negligence in slip and fall and other personal injury cases. Contributory negligence means that if a jury determines you are even one percent at fault for your accident, you will not be able to recover any damages at all.
This raised bar makes recovering damages as the result of a slip and fall even more difficult, which is why it is critical to have experienced legal counsel on your side. Even an innocent comment could be misconstrued and used against you, leaving you high and dry. The best approach by far is to let all communications with insurance companies or anyone else go through your lawyer.
Establishing Damages
Even when there is no question as to who is at fault for your slip and fall accident, you will still need to prove your damages before you can be compensated for them. The best way to accurately confirm your injuries is to follow through with any and all prescribed medical treatment, including doctor visits and physical therapy. Your medical records will allow your lawyer to paint a vivid picture of the severity of your injuries as well as your path to recovery, so the files must be thorough and accurate.
Several factors go into calculating your damages. If you are unable to work, your lost wages will undoubtedly be part of the equation. If you are unable to perform specific household tasks and require assistance, those costs can be considered part of your damages. Additionally, your lawyer will make the best possible argument for losses that do not have a specific dollar amount associated with them; these damages are more intangible and are meant to compensate you for the overall inconvenience and hardship associated with your injuries.
Contact a Lawyer for Help with Your Claim
If you believe you have a slip-and-fall case, your first step should be to contact an experienced slip-and-fall lawyer. Our lawyers have decades of experience handling slip and fall accidents, as well as a variety of personal injury cases.
Contact us today for a free, no-obligation consultation regarding your claim. We are well-versed in Maryland’s stringent contributory negligence laws and will be able to help you determine if you have a case. If so, we will be there to guide you through the entire litigation process from beginning to end.
Our lawyers work on a contingency fee basis; therefore, there is never any charge for legal fees or other expenses unless we recover compensation for your injuries. Contact Goldberg Finnegan today for a free, no-obligation consultation, and let us get to work for you.