Do I Need a Lawyer for a Slip and Fall Injury?

If you have slipped or fallen in a store or other public place and suffered injuries, you may want to know - do I need a lawyer for a slip and fall injury? Most people who suffer serious injuries do need an attorney for a slip and fall case. A personal injury attorney can help you establish fault and prove your losses. You are more likely to recover a fair settlement for your injuries when you have a personal injury attorney.

Do I Need a Lawyer for a Slip and Fall Injury?

A personal injury lawyer can be an asset when you are dealing with a slip and fall injury. Although many people who slip and fall do not suffer serious injuries, a few slip and fall victims are not as lucky. If you slipped and fell, you may have suffered broken bones, head injuries, spinal cord injuries, traumatic brain injuries, or knee or ankle injuries. Any of these injuries could result in expensive medical bills, lost work time, and other losses that can add up to major costs for you.

Many people who are dealing with injuries after a slip and fall accident ask themselves, “Do I need a slip and fall attorney?” The truth is, pursuing damages for a slip and fall accident can be time-consuming, complicated, and stressful. If you are already dealing with injuries, medical bills, and recovery, you may not have the capacity to pursue a legal claim against a negligent party as well. A personal injury lawyer that has dealt with slip and fall cases before will have the knowledge and resources to pursue your claim, relieving you of the time and burden you would otherwise have to deal with.

A Lawyer Can Establish Fault for Your Slip and Fall

For you to recover damages in a slip and fall case, Iowa's slip and fall law requires you to prove that your fall was caused by the owner of the property where you fell. Proving fault is more complicated than it might first appear. You must establish that the owner (1) owed you a duty, (2) breached that duty, (3) the breach caused you harm, and (4) you suffered actual damages because of that harm. By proving these three elements, you show that the property owner was negligent, which caused you damages, and should reimburse you for your injuries and pain and suffering.

You do not necessarily need an attorney for a slip and fall. However, an attorney understands the laws surrounding negligence and what evidence you will need to prove it. For example, personal injury lawyers know that business owners usually owe a duty to their customers and other pedestrians to maintain their property in a manner that minimizes the chance of an accident. If a property owner fails to do so, they have breached their duty.

The most common causes of slip and falls are:

  • Wet floors.
  • Loose floorboards.
  • Icy walkways.
  • Loose mats or rugs.
  • Spillages of food or liquids.
  • Potholes or cracks and uneven sidewalks.

All these situations are avoidable. You could likely hold a business owner liable for a fall resulting from any of these conditions.

A Lawyer Can Prove Your Losses

When you are asking yourself if you need an attorney for a slip and fall case, you should also consider that a personal injury lawyer can help prove your losses. It may seem obvious that you can ask a business owner to reimburse you for your medical bills. However, you might not realize that you need to present evidence of your costs to be reimbursed. Further, you may not realize that you can ask for damages for pain and suffering, for lost wages, for loss of consortium, and for other losses that are not as obvious as medical bills.

A personal injury attorney knows the damages that you can ask for and how to prove them. A lawyer can help you prove your case and recover the damages you suffered while reducing the stress and frustration that comes with filing a civil case.

Photo of Niko Pothitakis
For the past 15 years Mr. Pothitakis has focused his practice on Workers Compensation and Personal Injury Cases. The firm has two locations, one being in Burlington, Iowa and the other in Keokuk, Iowa. Mr. Pothitakis works with many area unions and employee organizations to provide advice, assistance, and guidance as it relates to employment issues. Mr. Pothitakis provides free consultations to those with legal questions in the firm's areas of practice. In this initial meeting or conference potential clients are provided advice on their need for assistance and how they need to proceed.