This is the next post in our series of articles on the handling of slip & fall cases in Hartford, Connecticut. Our last article discussed what to expect during a premises liability trial. It also stressed the need to retain an injury lawyer who is experienced in handling such matters. Trials are complicated affairs and the rules of evidence must be followed. By retaining an attorney who is experienced in handling such matters, an injury victim can increase their chances of a favorable outcome. In this article we will talk about the steps which your counsel should take to protect your rights in such matters. If you or a loved one are in need of assistance then contact us today to speak with a lawyer.
There are steps which an injury lawyer will typically take once they have been retained in a slip and fall case. First, counsel will send a letter to the defendant(s) insurance notifying the carrier of the representation. The carrier will then deal with counsel directly. Counsel will also typically send a demand to the defendants that all evidence of the incident be preserved. This evidence can include security footage of the incident, maintenance logs relevant to dangerous conditions, etc. Also, your counsel will have you sign a HIPPA release so that they may deal with your medical providers directly. This will allow your representative to gain updates as to the status of your treatment and to obtain copies of your records. Once your long-term prognosis can be reasonably ascertained, then counsel will send a demand letter to the insurance carrier requesting a settlement.
A victim’s attorney will engage in back and forth negotiations with the insurance carrier after the demand letter has been sent. If a settlement cannot be reached then a lawsuit will be filed with the Court. Counsel will then retain any necessary experts. Such experts will likely be needed to offer opinions in regards to long-term financial losses and the liability of the defendants. The cost of these experts, which can be substantial, will be paid up front by the attorney. An attorney is reimbursed for these costs when the victim receives compensation for the accident. In addition to retaining the experts, the lawyer will conduct discovery to gather evidence. This will include taking the depositions of relevant witnesses, subpoenaing records and video footage related to the fall, and more. Settlement negotiations will be continuing while all this is going on and, if the matter is not resolved, the case will proceed to trial.
As explained in our prior article, the trial process can be complicated. As the foregoing, as well as our prior posts, demonstrates, the handling of slip and fall cases involve several moving parts. Retaining an attorney who lacks the resources, or experience, to adequately handle such matters can put a Plaintiff at a disadvantage. When you are meeting with firms and deciding who will handle your case, it is strongly suggested that you ask in-depth questions regarding the steps they will take to ensure that your rights remain protected.
If you have been injured as the result of a fall then contact our office today to schedule an initial consultation. Our Hartford injury lawyers have been serving the greater area for decades and we are proud of the level of service which we provide. Our firm understands the gravity of your situation and we look forward to being of assistance. Contact us today. We also service the Connecticut areas of Wethersfield, New Britain, Bristol, Rocky Hill, West Hartford, East Hartford, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.