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Payer & Associates Miami Injury Lawyer 305-854-4442

How To Win A Slip And Fall Case


Winning a slip and fall lawsuit isn’t easy. In most cases, proving negligence is quite difficult. That is why when you’re severely injured, missing time from work, and expenses are piling up, you want to hire a personal injury lawyer to handle your claim. Once you sign your settlement, you will not have another opportunity to settle the matter.

Let’s imagine that you are a person who is shopping at Walmart. You’re trying to find the toilet paper, but you can’t find the correct aisle. Eventually, you trip and fall over a large amount of stock that has been left in the aisle. Walmart tends to place stock cards near shelves. This has created an obstruction. You tripped, fell, and now, you’re injured. Your wrist is swelling and your knee hurts.

Now, what do you do?

What will happen after you’re injured? 

Walmart expects that you will file a report with the staff. If you are too injured to do so, Walmart should take a report anyway. Typically, you will be called by a representative of Walmart who will explain that your injury was caused by your own carelessness. They will advise you to get better and hope they never hear from you again. At this point, if you want any recovery for damages, you will need to file a lawsuit against Walmart.

Understand, Walmart holds all the cards. They have the money you want, they have the footage you need to prove your claim, and they aren’t feeling any pressure to accommodate your injury. Once a lawsuit is filed, they are on notice that you’re making a demand.

Their next step is to prove the accident wasn’t their fault. They can do this by claiming you were not paying attention where you were going but they can’t avoid the fact that they created an obstruction in the aisle that could potentially cause injury. Walmart eventually says, “Okay, we’ll pay 50% of your medical expenses.” But you’re actually owed much more.

Instead of discussing what you need to prove in a personal injury lawsuit involving a trip and fall, it’s important to understand the logistics of interacting with companies and their insurers. The insurer has no incentive to pay the claim unless they are forced to by a court. Lawyers can leverage the courts much easier than the public can. And this is why, even with a broken wrist and a bruised knee, you should be recovering around $30,000 for your pain and suffering. The tricky part is forcing the insurer into the position of being required by the court to turn over that money.

It’s also why unless you’re taking your case in front of a small claims judge, you should have an attorney handling the filing and the interactions with the insurer. They don’t take claims filed by attorneys seriously until a trial date approaches. So, they are unlikely to take your claim seriously either.

Talk to a Miami Personal Injury Lawyer Today 

Call the Miami premises liability lawyers today at Payer Law to discuss filing a lawsuit against a proprietor.


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