Slip and Fall Attorneys in Milwaukee: Injury Experts
What Does A Slip and Fall Attorney Do?
Slip and fall attorneys oversee injury claims pursued by clients with injuries from fall-related accidents. Even though slips and falls often happen on level ground, these incidents can result in surprisingly serious injuries and costly losses.
If a business or property owner was responsible for hazards that caused a slip and fall, they or their insurance company should compensate victims for their losses. Unfortunately, parties and insurers can be quite difficult and aim to minimize or avoid liability whenever possible.
Slip and fall victims should never try to pursue their own claims, as they risk receiving much less than they need – or nothing at all. This is where a Milwaukee slip and fall lawyer comes in.
Types of Slip and Fall Cases
In Milwaukee, slip and fall accidents are not uncommon due to the city’s urban environment. If you’ve experienced such an incident, you understand its severe impact. Local slip and fall attorneys have experience ensuring victims like you receive the rightful compensation.
Some common locations include:
- Grocery stores
- Shopping centers and malls
- Apartment or condo complex common areas
These accidents happen for many reasons that might lead to an injury claim; for example:
- Spills that store management fails to address
- Items or debris in walkways or aisles
- Electrical cords stretched across walking areas
- Not addressing tracked-in rain, snow, or ice
- Failure to warn visitors of known hazards
- Worn or torn carpets or flooring
Property owners and companies have a duty of care to maintain their premises to keep visitors safe. When they fail to abide by this duty, they can face liability for slip and fall injuries.
Types of Visitors
In slip and fall claims, the legal status of a visitor often determines the property owner’s level of responsibility. Here are three common classifications:
- Invitee: These visitors are invited onto the property for business purposes, such as customers in a store or clients in an office. Property owners owe invitees the highest duty of care. They must regularly inspect the premises, fix any hazards, and warn of potential dangers.
- Licensee: Licensees enter the property for their purposes but with the owner’s permission. This category may include social guests. Property owners must address known hazards and warn licensees of potential dangers that may not be immediately obvious.
- Trespasser: Trespassers enter a property without permission. Property owners owe them the least duty of care, but they can’t intentionally harm trespassers. If a property owner is aware of frequent trespassing, they may still be obligated to address certain dangers.
Understanding these distinctions helps determine the legal obligations of property owners, playing a crucial role in slip and fall claims. Your slip and fall attorney can determine whether someone violated their required duty of care to cause your accidents.
Proving a Slip and Fall Case
The first step in a slip and fall case is proving liability, meaning establishing that the property owner or occupier was negligent. This requires demonstrating key legal elements, which your lawyer can assist with:
- Duty of care: Showing that the property owner had a legal obligation to ensure the safety of visitors on their premises. This duty varies depending on the visitor’s classification (invitee, licensee, or trespasser).
- Breach of duty: Providing evidence that the property owner failed to meet their duty of care by not addressing or warning about hazardous conditions.
- Causation: Establishing a direct link between the hazardous condition and the slip and fall accident, demonstrating that it was the primary cause of the injuries sustained.
Proving liability often requires gathering evidence like photographs, witness testimonies, maintenance records, and incident reports. Your slip and fall lawyer can build a strong case to prove liability whenever possible.
Compensation for Your Slip and Fall Case
In a successful slip and fall case, compensation received can cover various losses for victims. This may include medical expenses, both present and future, related to the injuries sustained. Lost wages, if the accident led to missed work, can also be recovered. Additionally, damages may encompass pain and suffering, addressing the emotional toll of the incident.
Consulting with a slip and fall attorney is crucial for accurately evaluating the potential compensation in your specific slip and fall case. They can help ensure all applicable damages are pursued.
Do Most Slip and Fall Cases Settle Out of Court?
Slip and fall cases fall under the umbrella of personal injury or tort law. The Department of Justice has reported that the majority of injury cases settle out of court, and only three percent require a trial verdict for resolution.
However, the decision to settle ultimately depends on the specific circumstances of each case, including the strength of the evidence, the willingness of both parties to negotiate, and the terms of the proposed settlement.
In settlement negotiations for a slip and fall claim, parties attempt to reach an agreement without going to court. The attorneys for the plaintiff and defendant or insurance company exchange offers and counteroffers. The goal is to find a mutually acceptable resolution.
Factors like liability, extent of injuries, and potential financial burdens are weighed. If an agreement is reached, it typically involves compensation for medical expenses, lost wages, and pain and suffering. Your slip and fall lawyer will advise you if negotiations resulted in a favorable settlement or not.
Mediation is a dispute resolution process where a neutral third-party mediator facilitates discussions between the parties involved in a slip and fall case. Each side presents their arguments and evidence, and the mediator helps guide the conversation towards a resolution. Unlike a court trial, mediation is confidential and non-binding. It provides an opportunity for both parties to explore potential solutions in a more collaborative and controlled setting.
Preparation for Trial
Preparing for trial in a slip and fall case involves extensive groundwork. This includes gathering evidence, such as photographs, witness statements, and medical records, to support the plaintiff’s claims. Legal research and case law analysis are conducted by your lawyer to build a strong argument. Depositions of witnesses and experts may be taken.
Additionally, our attorneys can formulate a compelling narrative and develop strategies for presenting evidence in court. This thorough preparation ensures the plaintiff is well-equipped to present their case effectively during the trial process.
Contacting our slip and fall lawyers is crucial if you’ve been injured due to the negligence of a property owner or occupier. Here are some important reasons to seek legal representation from our firm after a slip and fall in Milwaukee.
Determining liability – Establishing liability is complex. Your lawyer will investigate if the property owner knew or should have known about the hazardous conditions. We’ll evaluate if reasonable steps were taken to prevent accidents.
Calculating damages – We assess the full extent of your damages. This includes medical expenses, lost wages, pain and suffering, and potential future costs. This ensures you pursue fair compensation for your losses.
Negotiating with insurance companies – Insurance companies often aim to settle for the lowest amount possible. Our lawyers handle communications with insurers, ensuring you’re not pressured into accepting an inadequate settlement.
Advising on legal options – We evaluate the strengths and weaknesses of your case and advise on the best course of action. We may recommend pursuing a settlement or, if necessary, taking the case to court.
Meeting filing deadlines – Each jurisdiction has specific statutes of limitations for filing slip and fall claims. Missing these deadlines can result in the forfeiture of your right to seek compensation. Your lawyer ensures all legal requirements are met in a timely manner.
Peace of mind – Engaging our lawyers allows you to focus on recovery. We handle the legal complexities, giving you peace of mind during a challenging time.
In a slip and fall case, having professional legal representation might significantly improve your chances of obtaining fair compensation for your injuries and losses.
Slip and Fall Accidents FAQs
What should I do immediately after a slip and fall accident?
After a slip and fall accident, prioritize your safety and well-being. Seek medical attention and report the incident to the property owner or manager. Document the scene by taking photos, obtaining witness contact information, and making note of any contributing factors (e.g., wet floor, uneven surface). Keep records of medical treatment and expenses. Always consult with a Milwaukee slip and fall attorney to understand your rights and potential legal options.
What are common slip and fall injuries?
Common slip and fall injuries include bruises, sprains, strains, and fractures. Head injuries like concussions or traumatic brain injuries can occur, especially if the head strikes a hard surface during the fall. Back and spinal cord injuries may result in long-term complications. Additionally, soft tissue injuries, such as contusions or whiplash, are common. In severe cases, slips and falls can lead to permanent disabilities or even wrongful death. Seeking immediate medical attention and consulting with an attorney is crucial to address these injuries properly.
Get Your Free Case Review from a Milwaukee Slip and Fall Lawyer
The law office of Mingo & Yankala can assist you with your slip and fall claim. From a free consultation to an out-of-court settlement to litigation when necessary, we are on your side. Schedule an initial consultation by calling (414) 273-7400 Mingo & Yankala, S.C., or using our contact form.