When someone is injured in a slip and fall accident, they should seek medical treatment right away. After getting medical care, the individual should call an attorney. The lawyer identifies the insurance company that insures the premises or property where the person slipped and fell. Letters are sent by the attorney to the insurance company notifying them of the attorney’s representation of the injured victim and the facts of the accident.
Once the letters are sent, the attorney and the insurance company will attempt to settle the case. If the case cannot be settled, it will move forward with litigation. A skilled lawyer who is knowledgeable about the process of a Chicago slip and fall claim could help you recover the compensation you deserve. Reach out to an experienced slip and fall attorney today.
Initial Consultation with an Attorney
The process of a Chicago slip and fall claim will begin with the first meeting between the lawyer and the injured victim. When someone visits an attorney for the first time, they should be prepared to share the facts of the incident. Valuable information includes pictures, witness information, or other evidence that shows the cause of their accident. The individual should also have information about their medical treatment and medical history. The lawyer needs to have all of their medical information as far as where they treated as a result of the slip and fall accident and where they are still seeking treatment.
What is a Notice?
To recover damages following a slip and fall injury, the claimant must show that the defendant knew or should have known about the dangerous condition on the premises. An actual notice in a slip and fall case is a property owner being notified of a hazardous condition when someone tells them about it or they see it firsthand.
Constructive notice is different in that there is an assumption that a person should have been aware of a dangerous condition and did nothing to correct it. If someone does not provide notice or there is no constructive or actual notice, the property owner prevails in the case unless there are other policies or procedures that come into the case.
Demand Letters in a Slip and Fall Claim
Once an attorney understands the facts of the case and the evidence, they will send a demand letter to the at-fault party’s insurance company. The demand letter in a slip and fall claim includes the facts of the accident, the conditions in which the person slipped and fell, medical damages, the total of the medical bills in the case, and the medical records. The demand letter also includes the demand amount of money in compensation for the individual’s injuries. The purpose of a demand letter is to try to settle a personal injury case before suing the property owner or going into litigation.
What is a Plaintiff Trying to Prove by Filing a Slip and Fall Claim?
In a slip and fall claim, the plaintiff tries to prove there was an unsafe condition of the property that presented an unreasonable risk of harm and the property owner had a duty to prevent the slip and fall from happening. Due to the person slipping and falling, their injuries were directly caused by the slip and fall accident.
A seasoned lawyer could help an injured victim with proving fault and recover compensation. Call today to learn more about the process of a Chicago slip and fall claim and how an attorney could help you.