If you are asking this question, you have most likely gone through quite
an ordeal already. Obviously, you have suffered an injury after
slipping or tripping on someone’s property. Not only was the accident painful, but your
pain can still endure. If fact, your lacerations, bone fractures, back
injuries, and or traumatic brain injuries may still continue without complete healing.
Experienced Poughkeepsie slip and fall attorneys interact with injured victims on a daily basis. As such, we have come
to understand the emotional and physical toll that which victim’s
pay. We empathize and do all that which can be done to get compensation
for the victim.
The very first steps
slip and fall accident victims must take relate to obtaining legal representation. This is a very personal
affair and it takes courage to make this step. Before deciding which attorney
will represent you, meet with the attorney for a general discussion and
see if your personalities will be a good fit. Do not feel bad if it is
not. Clients must be comfortable with their attorneys because the relationship
will last a long time and it will involve serious decisions and discussions.
Once the final decision is made, you will have to be informed about how
the attorney expects to be paid. This will most likely occur through a
conversation first and then will be confirmed in writing.
Slip and fall accident attorneys are typically paid on a contingent fee basis. This means that the attorney
will not be paid unless compensation is secured for the injured plaintiff.
The attorney will receive a percentage of that compensation.
Once the representation is sealed in a signed writing, the attorney will
begin investigating the facts of the case. Evidence will be collected
from the victim and through ongoing investigations. The attorney may then
begin to communicate with the potential defendant’s insurer and
or attorneys to reach a settlement prior to filing suit. But claims can
go stale if not timely sued.
Since time against the statute of limitations will continue to run, the
suit will be commenced while evidence collection is carried out. So expect
your experienced attorney to file a summons and complaint with the court
so that the law suit is timely commenced.
The defendant will be given a short period of time to respond to the complaint
in what is called an “answer”. But the defendant can move
to have the suit dismissed prior to answering. With that aside, the plaintiff’s
attorney may have to respond to said answer.
From those points onward, the “discovery” phase of litigation
will carry on and then there may be a motions phase. If settlement is
not reached, then the case will go to trial.
Learn about issues with slip and fall accidents and what to do next in
the latest article from our
attorneys available here. Read an overview of proving your slip and fall case
available here. Learn what to do after a slip and fall accident
in our blog post available here. Learn ways to pay for your medical bills after a
slip and fall accident here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.