When Do You Need a Slip and Fall Lawyer?

Slip and fall accidents can lead to more than just bruises. If you’ve been injured, you might want to call a lawyer to see if you deserve compensation. 

The shock and pain immediately following a slip-and-fall incident can be overwhelming—as are the medical bills that show up later. Whether you slipped on a wet floor in a grocery store or tripped on a cracked sidewalk, you may be entitled to a settlement depending on the incident and your state’s laws. 

In these situations, you might consider hiring a slip-and-fall lawyer to protect your rights and negotiate on your behalf. Let’s review their abilities and what they can do for you to see if you should move forward. 

What does a slip and fall accident attorney do?

A slip-and-fall attorney represents clients who have been injured due to dangerous conditions on someone else’s property. Put simply, their goal is to help victims secure fair compensation for their fall injury and associated costs, including both financial and emotional burdens. Here’s an overview of some of their primary responsibilities: 

• Case evaluation. Assess the accident details to determine if there’s a viable claim. 
• Legal advice. Inform clients of their legal rights and options. 
• Settlement negotiations. Engage with insurance companies and opposing counsel to advocate for the calculated amount. 
• Court representation. As a last resort, represent clients in court if settlement negotiations are unsuccessful. 

Like other types of personal accident attorneys, slip-and-fall attorneys commonly charge a contingency fee for their services, which may range between 30% to 40% of the settlement amount. Still, to avoid surprises, you want to confirm the pricing structure before agreeing to work with a slip-and-fall accident attorney.

Benefits of working with a slip and fall lawyer

A slip-and-fall lawyer can substantially improve your chances of receiving fair compensation for injuries and losses. If you’ve experienced any of these outcomes, you might want to start researching personal liability lawyers specializing in slips and falls: 

• Severe injuries requiring extensive medical treatment 
• Refusal of fair settlement by the property owner or their insurance company
• Accidents involving government property 
• Long-term or permanent disabilities resulting from the accident 
• Significant lost wages or time from work

Although you can attempt to handle the aftermath of a slip and fall on your own, a specialized lawyer is better equipped to oversee the case and advocate for your best interests. Here’s why: 

Expertise in premises liability

Premises liability is a legal concept that holds negligent property owners responsible for accidents and injuries on their property. A slip and fall lawyer specializes in this area of law, so they’re familiar with the principles that apply in your state, which may include the following: 

• Duty of care. Property owners are legally obligated to keep the premises safe for visitors, depending on the visitor’s status (invitee, licensee, or trespasser). 
• Comparative negligence. Compensation for injuries in comparative negligence states depends on the injured party’s degree of fault for the accident. 
• Building codes and safety regulations. Regardless of the location, violations of these rules can often be used as evidence of negligence in slip and fall cases. 

While liability laws vary by state, you’ll need to prove the owner or organization responsible for the property failed to maintain the premises, which requires a thorough understanding of the regulations in your area.

Collecting evidence

An attorney collects and organizes all relevant evidence to demonstrate the extent of your injuries and links them directly to the fall. This process usually begins with an in-depth review of the incident report (if one exists), which documents the details of the accident and any immediate actions taken by the property owner. 

From there, your lawyer typically gathers and analyzes your medical records, including emergency room visits, diagnostic tests, and treatment plans, to establish the severity of your injuries and the long-term impact on your quality of life. 

Attorneys may also review photos and videos, witness statements, maintenance logs, repair records, or other available evidence to build a convincing slip-and-fall case showing why you deserve compensation. 

Maximizing compensation

A skilled lawyer knows how to calculate the total amount you deserve to cover all losses and expenses. This includes immediate medical expenses, rehabilitation, lost wages, and non-economic damages such as pain and suffering. Your attorney will also know of any applicable damage caps in your jurisdiction and work to maximize your compensation within these legal limits. 

Moreover, in some cases, multiple parties may be liable for your injuries. Your attorney can investigate all possible sources of compensation, including property owners, maintenance companies, and other third parties that may have contributed to the slip and fall accident. 

Without an attorney, however, it’s much easier to overlook small details that may influence the total compensation you deserve. 

Negotiating with insurance companies

Perhaps most importantly, having a lawyer negotiate on your behalf sends a clear message to the insurance company that you’re serious about your claim. Insurance companies are profit-driven businesses that employ teams of adjusters and lawyers whose job is to protect the company, but legal representation on your side levels the playing field. 

Throughout the negotiation process, your lawyer will counter lowball offers with evidence-backed arguments. They’ll use the evidence collected—medical records, expert testimonies, witness statements, and more—to substantiate your claim’s value. 

However, if the insurance company acts in bad faith—for example, by unreasonably delaying the claims process or denying a valid claim—your attorney will respond appropriately, which may lead to filing a personal injury lawsuit in court. 

Slip and fall lawyers ensure you receive fair compensation

When you work with a slip-and-fall lawyer, you’re more likely to identify and account for all possible damages, thus maximizing the compensation you can claim. These lawyers have experience with similar cases and how to advocate for every aspect of the accident, many of which aren’t straightforward to calculate. 

What financial compensation can I receive after a slip and fall accident?

You may be entitled to various forms of compensation, depending on the specifics of the accident and your injuries, such as: 

• Medical expenses. Hospital stays, surgeries, medications, physical therapy, and any future medical needs
• Lost wages or earning capacity. Compensation for your lost income due to time off work for recovery or medical appointments
• Pain and suffering. Non-economic damage for the physical pain and emotional distress caused by your injury
• Property damage. If any personal property (such as a phone or watch) was damaged in the fall, you can claim the cost of repair or replacement
• Out-of-pocket expenses. Costs like transportation to medical appointments or hiring help for tasks you can’t perform. The specific damages you can claim depend on the circumstances of your accident and the severity of your injuries. However, a slip-and-fall injury lawyer can help you calculate these losses and ensure you account for everything you deserve. 

The specific damages you can claim depend on the circumstances of your accident and the severity of your injuries. However, a slip and fall injury lawyer can help you calculate these losses and ensure you account for everything you deserve. 

What’s the average slip-and-fall accident settlement amount?

There’s no “average” settlement amount for slip and fall accidents. Accidents and injuries vary widely in their circumstances, severity, and resulting compensation. Several factors contribute to the final settlement amount, including the following: 

• The location of the accident (private property, business, or government property)
• The type of insurance involved (homeowners, renters, commercial liability, or even workers’ compensation) 
• The extent and long-term impact of the fall injuries 
• The strength of evidence proving negligence 
• The jurisdiction where the case is filed

Given these variables, slip-and-fall accident settlement amounts may range from $10,000 to $50,000. However, moderate and serious injuries often result in higher settlement amounts, especially for accidents involving fractures, disc injuries, or injuries requiring surgery. 

In such cases, settlements may reach the six-figure range, especially if ongoing medical treatment is needed or if the injury prevents the victim from returning to work. 

Can you win a slip and fall accident lawsuit without a lawyer?

You can win a slip and fall accident lawsuit without a lawyer, but your chances of securing the maximum settlement amount are lower. If you’re comfortable with handling these requirements, you might not need a lawyer:

• In-depth knowledge of premises law and liability (including local, state, and federal regulations)
• Court procedures and legal deadlines
• Gathering and presenting evidence 
• Negotiating with insurance companies

While it’s possible to educate yourself on these matters, it requires a substantial investment of your time and effort, which can be challenging when you’re also dealing with injuries and recovery. As a result, for most people involved in a slip and fall, it’s better to leave the settlement and legal procedures to a lawyer. Schedule a consultation with our experts and learn more about personal injury advice.

How to find the best slip and fall accident lawyer

As you begin to look for a lawyer, keep these tips in mind to pick the right one for your accident claim: 

• Specialization. Look for personal injury attorneys who specialize in slip and fall accidents. 
• Track record. Check their case results, client testimonials, and online reviews from reputable sources. 
• Relevant experience. You want a lawyer who has experience with cases like yours, especially those involving similar injuries and severity. 
• Communication. Choose an attorney who is a good communicator and makes you feel comfortable during your interactions. 

When searching for the right attorney, you have several options. 

Ask for referrals

Reach out to family, friends, colleagues, or members of any community organizations you’re a part of. These connections may have experience with slip and fall attorneys or know someone who does, potentially leading you to a reputable attorney in your area. 

Contact your local bar association

Contact your county or state bar association’s lawyer referral service or search online. They can often match you with attorneys who specialize in slip-and-fall cases, not to mention they vet their credentials and confirm they’re in good standing. 

Search LegalZoom’s online directory

To find a slip-and-fall lawyer immediately, you can use LegalZoom’s online directory to see which professionals practice in your area. In addition to their contact information and area of practice, you can find their client reviews, awards and recognitions, and insights about how they approach practicing law. 

It never hurts to reach out to a few attorneys and ask about your options, as many offer free consultations and work on contingency fees, meaning they only get paid if they win your case. 

FAQs

What is the legal term for slip and fall? 

The legal term for slip and fall is “premises liability.” This area of law holds property owners responsible for maintaining safe conditions. Slip-and-fall accidents fall under this category, as they typically occur due to hazardous conditions on someone else’s property. 

How much does a slip and fall lawyer cost?

Most slip-and-fall and personal injury lawyers work on a contingency fee basis, which often ranges between 30% and 40% of the settlement. Others may charge hourly rates for their services, ranging from $100 to $500 per hour. 

Can I still recover compensation if I was partially at fault for the accident? 

Yes, you can still recover compensation if you were partially at fault in states with comparative negligence laws, though your percentage of fault may reduce the amount. Still, specific rules vary by state, so consult a local attorney.