Filing a slip-and-fall claim in Fresno can be a daunting process, but understanding the steps involved can make it more manageable. Here is a guide on how to do so.
Gather Evidence
Immediately after the accident, gather as much evidence as possible. Take photographs of the exact location where you fell, capturing any hazards that contributed to your injuries. For example, wet floors, uneven surfaces, or obstructed pathways.
Witnesses
Collect contact information from anyone who witnessed the incident. Their testimonies can be crucial in establishing the circumstances of your fall.
Incident Report
If the slip and fall occurred in a public place or business, report the incident to the management and ensure an official incident report is filed. Obtain a copy for your records.
Medical Records
Seek medical attention immediately, even if injuries seem minor. Medical records will not only document your injuries but also link them directly to the slip-and-fall.
Consult a Fresno Slip and Fall Attorney
Hire an attorney who specializes in personal injury law, particularly slip and fall cases. Their knowledge will guide you through the complexities of the legal process. During your initial consultation, provide all collected evidence and a detailed account of the incident to help them determine who is liable in your slip-and-fall case. This will help them assess the viability of your case. Most Fresno slip-and-fall lawyers work on a contingency fee basis, meaning they only get paid if you win your case. However, discuss fee structures upfront to avoid any surprises.
Investigation and Filing
Your attorney will have the resources to conduct a thorough investigation, which may include gathering additional evidence, interviewing witnesses, and possibly consulting experts to reconstruct your slip and fall.
Demand Letter
Before filing a lawsuit, your attorney may send a demand letter to the responsible party or their insurance company, outlining your injuries and damages, and the amount of compensation you seek to resolve the case.
Filing a Lawsuit
If a settlement isn’t reached, your Fresno personal injury attorney will file a formal complaint in the appropriate court. The complaint will detail the incident, your injuries, and the compensation you seek.
Discovery Phase
In some cases, filing a lawsuit will be enough motivation for an insurance company to settle the claim in your favor. However, if it proceeds, discovery will be next, which involves:
Interrogatories and Depositions
Both parties exchange information through written questions (interrogatories) and depositions, where witnesses and involved parties give sworn testimony.
Document Requests
Both sides will request relevant documents to build their cases. This can include medical records, maintenance logs, and surveillance footage.
Settlement Negotiations
Throughout the discovery phase, both parties may continue to negotiate a settlement. Many cases are settled out of court to avoid the costs and uncertainties of a trial. If negotiations stall, mediation might be used to facilitate a resolution. A neutral mediator will help both sides reach a mutually acceptable agreement.
Trial
If a settlement cannot be reached, the case will go to trial. Both sides will present their evidence and arguments to a judge or jury. After hearing both sides, the judge or jury will render a verdict. If you win, they will determine your awarded compensation.
Post-Trial
If either party is dissatisfied with the outcome, they may file an appeal. This can prolong the legal process but is an important step if there are errors in the trial.
Collection
If you win, your Fresno accident attorney will assist in collecting the award. This might involve dealing with insurance companies or enforcing the judgment through legal means.
