Personal injury attorneys provide invaluable assistance to injured clients throughout the entire legal process. From the start of a claim to the very end of trial, they are there to guide you and answer any questions along the way.
The role of a lawyer in a Memphis slip and fall claim is no different. With their vast experience in these kinds of cases, the experienced slip and fall attorneys at the Law Office of David E. Gordon know what questions to ask and what evidence to look for to be successful. Reach out today to schedule a free consultation.
Collecting Evidence in a Memphis Slip and Fall Claim
During an initial consultation with an attorney like David, an injured person should be ready to provide photographs of the scene, if available, as well as a list of everything that was said by an employee or management after the accident. The lawyer will also require a copy of any incident report that might be in the possession of the injured person. Finally, they will need to know everything about the individual’s injuries, including the name of every medical provider. With this information in hand, a committed lawyer is now ready to begin the legal process of filing a claim in Memphis.
Memphis Slip and Fall Claim Legal Process
A lawyer’s role in assembling a legitimate claim after a slip and fall in Memphis can be divided into a few different steps.
Step 1- Reason for the Fall
First, the lawyer will examine the reason for the injured person’s fall to determine if it was the result of a dangerous condition. If a person cannot explain why they fell, then there is no legal basis for compensation even though the fall occurred on someone else’s property.
Step 2- Knowledge of the Danger
If a person fell as a result of a dangerous condition, the lawyer must then investigate whether the owner knew or should have known about the threat. It is possible the lawyer will uncover that not only did the owner know about the dangerous condition, but the owner or the owner’s employee created the hazard in the first place. An example of this would be mopping a restroom without setting up warning cones. This creates a safety risk on which a person can be badly injured.
Step 3- The Extent of the Injury
Once it is determined that the injured person fell because of a dangerous condition that the owner knew or should have known about, then the focus shifts to the extent of the person’s injury. A proactive team of attorneys will work to gather evidence to prove that the injured person fell due to a safety hazard that the owner knew about. This process includes obtaining recorded statements from witnesses and photographs of the scene; however, the primary focus from this point forward in the case will be the medical treatment and recovery of the injured person.
Step 4- Damages Documentation
Once the injured person reaches what the medical industry calls Maximum Medical Improvement or MMI, all of the medical records and bills are gathered by the law firm. Verification of lost earnings is also necessary at this time.
Step 5 – Demand Package
Finally, once all the medical records, medical bills, and verification of lost earnings have been gathered, they will be compiled together with photographs of the injury and of the dangerous condition in what is called a demand package. These materials are sent to the owner’s insurance company with a specified demand for money, initiating the settlement negotiations. If a settlement cannot be reached, then it is a Memphis lawyer’s role to file a lawsuit for the slip and fall.
Call Now to Learn the Role of a Lawyer in a Memphis Slip and Fall Claim
The attorneys at the Law Office of David E. Gordon take their roles in each and every case seriously. They are prepared to take charge and handle the entire legal process so you can focus on your physical recovery. Contact us today to discuss the role of a lawyer in a Memphis slip and fall claim.