Should I Get a Lawyer for a Slip and Fall Case?

Should I get a lawyer for a slip and fall accident? You may be wondering if hiring an attorney is truly necessary after suffering injuries in a slip and fall. It’s a fair question. Legally, accident victims have the right to pursue injury claims and lawsuits on their own without representation. However, doing so comes with substantial challenges and pitfalls.

Litigating these types of cases requires proving complex legal elements like duty of care, breach of duty, causation of damages, and comparative negligence standards. Property owners almost always dispute liability, often shifting blame of clumsiness or carelessness onto the victim. They work lockstep with insurers to deny responsibility.

The reality is navigating the evidence-gathering, negotiation, liability arguments, injury calculations, legal paperwork, court procedures and more on your own is exponentially harder without an attorney’s expertise. Studies indicate self-represented accident victims are at a major disadvantage. They often fail to successfully resolve their cases, get lowballed on settlements, or detrimentally hurt their chances in court.

The risks of missteps for parties representing themselves in court without the assistance of an attorney are simply too steep when seeking fair compensation for medical expenses, lost wages, and other damages from a painful slip and fall injury. Understanding why legal representation is critical from the outset can help injured victims make informed choices to protect their rights.

Nevada Slip and Fall Law Basics 

In Nevada, property owners have a legal duty to maintain their premises in a reasonably safe condition. They can be held liable for injuries resulting from hazardous conditions they knew or should have known about. To prevail in a premises liability claim, an injury victim must prove:

• The property owner owed them a duty of care
• The owner breached this duty through negligence
• This negligence caused the slip/trip and fall
• The fall resulted in the claimed injuries and damages

For example, Nevada courts recognize three general categories of visitors:

• Invitees – Allowed on the property for a business purpose (e.g. store customers)
• Licensees – Allowed on the premises for social purposes (e.g. house guests)
• Trespassers – Not permitted to be on the property

The property owner owes the highest duty of care to “invitees” like customers and must regularly inspect for hazardous conditions. They owe a lesser degree of care to licensees, while trespassers are generally owed no duty at all.

Nevada also follows a “comparative negligence” system for personal injury cases. This means an injury victim’s potential damages are reduced by their own percentage of fault. For instance, if a jury finds the victim 30% responsible for the accident, they can only collect 70% of their damages from the defendant.

Nevada caps non-economic damages in most cases at $350,000. However, Dion’s team has extensive experience presenting compelling evidence to maximize client recoveries. They work with medical and vocational experts to assess long-term implications of injuries on quality of life and future earnings capacity.

“We take a personalized, compassionate approach to understand how the accident has impacted each client’s life from their perspective,” says Dion.

Settlement Negotiations and Litigation

Dion’s reputation as an aggressive advocate willing to take cases to trial if needed gives clients significant negotiating leverage.

“Insurance companies hate when I take a case because they know I’m not afraid of litigation,” said Dion.

The team at Matt Dion and Associates excel at settlement negotiation tactics focused on maximizing client recoveries. They thoroughly prepare and will not hesitate to file a lawsuit if the insurer does not make a serious offer. Some key strengths include:

• Assessing Case Value: Dion has decades of experience evaluating a claim’s strengths and weaknesses. The firm meticulously reviews all evidence to determine a fair settlement value range considering the risks and potential upsides of litigation.
• Negotiation Skills: The attorneys are highly skilled negotiators who won’t be swayed by insurance tactics aimed at minimizing payouts. They understand the opposing side’s playbook.
• Trial Preparation: If productive settlement discussions break down, Dion and Associates stands ready with a team prepared to take the case through Nevada’s court system as needed.

With their boss’s background in insurance defense, the legal team has a playbook for anticipating and countering every argument the other side will make. This allows them to build the strongest possible case for maximum compensation.

Next Steps After a Slip and Fall

If you or a loved one suffered serious injuries from a fall on someone else’s unsafe property, taking prompt action is critical. Insurance companies will immediately work to minimize their liability exposure.

The premises liability experts at Matt Dion and Associates offer free consultations to help evaluate your legal options and chart the best path forward.  There is no obligation or up-front costs, so there is no risk in exploring your rights.

Dion’s successful track record speaks for itself. The firm works on a contingency basis, charging no fees unless they win your case.

Dion’s empathetic yet aggressive approach provides clients peace of mind and confidence.

As he says, “I’m here to listen, give you honest guidance, and be a fierce advocate in your corner through every step of the process.”

Don’t try to take on the insurance companies alone after a serious slip and fall accident. Contact Matt Dion and Associates today to learn how expert legal representation can help maximize your recovery.