Do I Need an Attorney for My Slip and Fall Accident?

If you’ve been injured in a slip and fall accident, you may be wondering if you really need an attorney to seek compensation. In Maryland, you often do need an attorney if you want a shot at fair compensation. While some falls lead to minor bruises and quick payouts, others lead to more serious injuries and insurance companies pushing back against every piece of evidence you have. On top of that, Maryland’s strict contributory negligence rule can make it significantly harder to recover fair compensation.

If you’re curious about your legal rights after a slip and fall in Maryland, our team is here to help. Call Plaxen Adler Muncy to discuss your options now.

What you need to know about premises liability cases

Slip and fall cases in Maryland fall under premises liability law. Under Maryland law, property owners have a duty to keep their property reasonably safe for visitors such as customers or other lawful invitees.

To succeed in a slip and fall claim in Maryland, you typically have to be able to prove that:

• There was a dangerous condition on the property

• The property owner knew or should have known about the danger

• The owner did not take steps to correct the condition or warn others of its existence

• That failure resulted in your injury

Maryland courts may look at whether the property owner knew of the hazard. It’s not enough to prove that a dangerous condition existed. You must also be ready to show that the property owner had enough time to discover and rectify it.

Examples of dangerous conditions include:

• Wet floors

• Spilled liquids

• Uneven sidewalks or flooring

• Broken or uneven stairs

• Poor lighting in stairwells

• Loose handrails

When do you need an attorney for a slip and fall?

Maryland slip and fall claims can quickly lead to lowball offers and insurance company claims that you’re partially or fully to blame for your injuries, which is why bringing an attorney in from the beginning can be helpful. Some of the situations where we recommend an attorney include:

• You have serious injuries: Falls can result in injuries that require expensive medical care, including fractures, head injuries, back or spinal injuries, torn ligaments, and injuries requiring surgical intervention. This means more time off work, higher medical bills, and potential long-term issues. Insurance companies tend to push back against these claims because of the cost involved, and an attorney can ensure that your best interests are protected.

• The property owner denies responsibility: This is surprisingly common in this type of claim. You might see property owners argue that they didn’t know about the hazard, the condition was open and obvious, or that the injury only happened because you weren’t watching where you were going. This can lead to back-and-forth regarding who is at fault, which makes it very hard to get fair compensation.

• The settlement offer is low: If you have multiple or serious injuries, it is crucial that you get your expenses covered. If the insurance company offers a low amount and isn’t willing to budge, it’s time to bring in a slip and fall attorney who can negotiate on your behalf.

• You need to preserve evidence: Evidence can disappear quickly in this type of case, with property owners often rushing to repair the safety hazard, overwrite or lose surveillance footage, and keep employees from speaking as witnesses. An attorney can move quickly to ask property owners to preserve evidence and provide incident reports.

We talked about the property owner denying responsibility. This can happen in any state, but it’s particularly bad for your claim in Maryland. Maryland is one of the few states that has a strict contributory negligence rule. In contributory negligence states, if the victim is found to be at all responsible for their injury, they recover nothing in court. This means that if the other party proves you’re partly responsible for what happened, you walk away with nothing. We want to prevent that. With Maryland’s contributory negligence rule, slip and fall claims can quickly become complicated if the property owner or their insurance company tries to shift blame. This is why it’s important to consider all of your options with the help of an experienced lawyer.

How much does it cost to hire a slip and fall attorney?

People often worry about hiring a lawyer because of the cost involved. However, personal injury lawyers typically work on a contingency fee basis. This means that clients don’t pay anything upfront. If the lawyer recovers anything on your behalf, either during negotiations or in court, their fees are paid from that money. This dramatically reduces the risk and gives you a fair shot at trying to hold negligent property owners accountable.

Explore your legal options with Plaxen Adler Muncy

If you’ve been injured in a Maryland slip and fall accident, we’re here to advocate for you. Let’s discuss what comes next, how we can help, and what you can expect from this process. Give us a call now or reach out online.