Uneven sidewalks, slippery floors, and poor lighting in public spaces can cause slip and fall accidents. These accidents may occur on public transportation or in construction zones managed by your city. They also have the potential to cause injuries such as fractures, bruises, and cuts. Here are some of the steps a slip and fall lawyer may follow to help you file a negligence claim if you are injured:
Understand the Legal Basis for Your Claim
Like other entities and individuals, the city may be held liable for accidents under the concept of duty of care. This duty requires entities to exercise reasonable care in their actions and decisions to prevent foreseeable harm to others. After being injured on city or public property, contact a slip and fall lawyer to examine your city’s policies and special circumstances for determining duty of care. The attorney will assess whether the city’s actions or negligence led to a breach of duty and created the accident-causing conditions. If your attorney is convinced that there is a direct connection between your fall and the city’s negligence, they can help you file a claim.
Collect and Submit Evidence
Your attorney will assist you with collecting different incident-related documents, such as accident reports, police reports, and property damage reports. If you were treated for your injuries, include your relevant medical history and physical examination records in your findings. You may also request your doctor’s progress notes and the results of any diagnostic tests related to your injuries. Other documents to collect include future treatment plans, operative reports, and discharge summaries.
Your lawyer should file a notice of claim that includes relevant contact details and the date and time of the accident’s occurrence. The claim should cover where the event took place, briefly describe what happened, and list any injuries or property damage. It must also state the nature of the damages that you intend to recover, such as medical bills and lost wages. Your attorney may recommend that you pursue compensation for damages related to pain and suffering. Other types of damages that you can claim are future damages and loss of consortium. After preparing these details, you should file the claim of notice with the city. The notice can be general for the whole city government or for a particular office or department of the municipal government.
Wait for a Response
After receiving the claim, the city should acknowledge its receipt and inform you that your claim is being processed. The city’s legal department or claims division will likely conduct a preliminary review of your claim. This step allows them to check for completeness, making sure all necessary information and documentation are included. If there is clear negligence on their part, the city can accept your claim. They may offer a settlement to provide you with compensation for some or all of your damages if this occurs. During these negotiations, you and the city’s representatives will discuss the amount of compensation. It is often beneficial to have an attorney during this phase to make sure you receive a fair settlement.
In some cases, the city can deny your claim. This may occur if they believe that there is missing evidence or documentation to support your claim. Denials also happen if there are pre-existing conditions that may have contributed to the accident. The city can also ask for additional information or documentation to further assess your claim.
File a Lawsuit
If you feel that a settlement amount or claim rejection is unfair, you may file a lawsuit. This process involves having your lawyer initiate the formal legal process, building a case, and potentially using mediation methods to resolve the dispute before proceeding to trial. If the case goes to trial, a judge or jury will assess the evidence. This allows them to make a decision based on liability and damages.
Hire a Slip and Fall Lawyer
You can file a claim and pursue compensation if you slip and fall due to negligent acts by your city. A slip and fall lawyer will help you compile evidence, navigate the legal process, and make sure your rights are protected. Consult a law firm that has experience with accidents similar to yours and can assist you with your case.
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