Visitor Question

Can I Handle My Own Slip and Fall Injury Case?

Submitted By: Tara (Kansas City, MO, USA)

I have a slip and fall injury case and I’m not sure what to do. Me and a friend went to a restaurant. As I got out of the vehicle I fell.

This was when I noticed that I had slipped on a sheet of ice. My body twisted and I hurt my shoulder, upper section of my neck, the lower part of my back and tail bone. I also was winded from the impact of the fall.

A worker from the restaurant saw me fall, she offered to pick me up off of the ground. The incident took place in Overland Park, Kansas. My friend drove me to the hospital.

I’m wondering if I cam handle a slip and fall personal injury case on my own (that took place in parking lot of a restaurant)? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tara,

Sorry to hear about your fall. Falling on your coccyx (tailbone) can be quite painful.

Yes you can represent yourself. It may get a little complicated because you will need to know if the parking lot is owned by the restaurant first. If not, the restaurant will have little liability, if any. But not to worry. You can easily go online and check the Johnson County tax records. As long as you have the address of the parking lot you can find out who actually owns it.

You can send the owners a letter telling them about your fall and injuries. Enclose copies of your medical bills and ask them to reimburse you. When sending the letter to the owner you can also ask for an additional amount for your pain and suffering.

The law in most states allows an injured person to demand reimbursement for medical bills and additional money for the pain and suffering caused by the fall and subsequent injuries. It is difficult to place a value on your pain and suffering, but from the facts it is clear you must have suffered terribly.

You can also contact your local Small Claims Court and file a suit there. Most Small Claims Courts allow payment for pain and suffering as well as medical bills (actual damages) and the limits are usually up to about $5,000. You will have to check with the court for that information.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 10, 2011

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One thought on “Can I Handle My Own Slip and Fall Injury Case?

  1. Slip and fall injury cases require interpretation of complex laws. In a slip and fall injury case, you must first determine the liable parties or the defendants. In your case, if the fall occurred in the restaurant parking lot, then the restaurant will be liable for your injuries. If the fall happened on the road, then you can claim compensation from the local council. Your state law will determine the exact procedure you must follow when you claim compensation from a local council. To succeed in a slip and fall injury case, you must show that the defendant had a duty of care towards you but failed to exercise the duty of care and that the failure to exercise that duty of care resulted in your injuries. Just because you have filed a lawsuit does not mean that the defendant will pay the compensation. Most likely the defendant will hire an attorney to defend the lawsuit. The defendant will argue that your negligence is the sole reason for your injuries. So unless you are an expert at interpreting laws and are well versed in the court procedures, you should hire a personal injury lawyer to handle your slip and fall injury case.

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