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How Miami Slip and Fall Accident Attorneys Assist in Filing a Claim


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Accidents are a fact of life. No matter how careful you may be, you will eventually be hurt in one. And when the accident that befalls you is a slip and fall in Miami, you can hope that any injuries you suffer are minor.

But if they aren’t, know that you are not alone. Miami slip and fall accident attorneys may be able to help you recover damages for your injuries.

Are You Eligible to Collect Damages?

The first step that Miami slip and fall accident attorneys will take during your initial consultation is to determine whether you have a legitimate claim for damages. A claim is legitimate if your attorney can prove that:

  • You slipped and fell
  • You were injured in that fall
  • You suffered damages due to those injuries
  • You wouldn’t have fallen if not for the negligent actions of another
  • The negligent party had a responsibility to protect you from a potential fall

Your attorney will investigate your claims to uncover evidence that supports each of these elements of the case.

Even something simple, like the fact that you were injured, requires documented evidence. Anyone can claim they were hurt in a fall, but a jury only knows this to be true if there is corroborating evidence from witnesses and doctors.

Miami Slip and Fall Accident Attorneys Have Determined You Have a Case. What’s Next?

The next step involves getting medical treatment. Even the speediest lawsuit takes weeks or months to complete. You can’t afford to wait that long.

Not only will waiting potentially result in years of additional pain, but it could also decrease the compensation you receive. If you delay care, the opposing attorney could argue that the medical treatment was unnecessary. And that could, in turn, result in you getting less money.

The best way you can help while waiting for your case to resolve is by following your doctor’s instructions and keeping copies of all medical records and bills you receive. Your attorney will use this information to help support your case.

While you are recovering, your attorney will focus on making the strongest case possible. They will interview witnesses, collect physical evidence, speak to medical experts, and calculate the expected costs and losses you will incur due to your injury.

Once all this information has been gathered, your lawyer will send a demand letter to the liable party’s insurance company. It outlines the evidence that has been collected and details what makes the responsible party liable for the damages.

To some, this may sound like your attorney is giving an advantage to the other party by revealing all the evidence before trial. However, this is information they would eventually obtain anyway. Detailing the depth of the evidence you have backing your case could help your lawyer convince the insurance company to come to the negotiation table.

Many Miami slip and fall cases end with a negotiated settlement before a lawsuit is ever filed. And even cases where attorneys file a lawsuit will likely end in a settlement.

Settlements offer advantages to both sides. Cases that go to trial often take years to resolve. This means waiting all that time to receive the money that will help you get out from under a mountain of medical debt. If your attorney negotiates a settlement, that could get you paid in months or even weeks.

The insurance company also benefits because corporate lawyers are expensive and charge by the hour. Attorney costs for even a short trial will likely top $10,000, and a long trial could cost the insurance company hundreds of thousands in legal fees. Insurers can avoid these costs by negotiating a fair settlement.

When a Case Goes to Trial

If your attorney can’t settle, sharing the evidence in advance won’t cost you anything at trial. The opposing attorneys get all that information before the trial begins.

While there is no way to be certain about how a jury will rule, going to trial does offer one advantage. If you win, a jury will likely award you more than you would have received in a settlement. An experienced lawyer will fight as hard as possible to get you every dollar you’re entitled to once your case goes to trial.

Consult with an Experienced Lawyer at Schrier Law Group

If you were injured in a slip and fall accident in Miami, you may deserve compensation. Contact our law firm today to speak to an experienced attorney to learn more.