Should I get a personal injury lawyer, or represent myself in a slip and fall premises liability claim?
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I’ve represented myself successfully in small claims court before, and I’m a very organized person. What are my chances of winning a slip and fall case against a department/retail store without an attorney?
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A slip and fall case is full-scale personal injury litigation, and attorneys train for years to perfect their skills in this complex area of the law. It involves making claims against all the appropriate insurance companies and defendants (there may be several, or their precise identities may be difficult for a layperson to determine, in the case of larger chain stores). Those claims must then be supported by putting together a case file that includes medical records, witness statements, and other evidence, along with legal arguments asserting the store’s liability and fault. Finally, assuming that no compromise is reached, you must be able to file and pursue extensive, multi-stage litigation. Insurance company attorneys know that a layperson with little or no legal training who acts pro se (represents himself) stands nearly no chance of prevailing in a court case that requires knowledge of several areas of law, rules of evidence, state and local procedural rules, and possibly even appellate court law and rules. While some do manage to procure a small settlement offer, the amount is rarely more than “nuisance value” on the claim, and you may simply meet a stone wall. If you have a good claim, an attorney who poses an actual threat to these companies can usually do the most to maximize what you get out of the case.
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Posted by Jason Tong on 22 Jul 2010
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