While settling a slip and fall claim without hiring an attorney is legally permissible, doing so is generally not recommended. Insurance companies often offer significantly lower settlements to unrepresented individuals. The Insurance Research Council reported that accident victims represented by attorneys received settlements nearly 3.5 times greater than those without legal representation.
Personal injury cases are typically complex, and that is especially true of slip and fall claims. A Los Angeles slip and fall lawyer at Salamati Law knows a fair settlement amount for your type of injury and long-term prognosis. We protect your rights and fight so you can recover the compensation that reflects all your losses and damages. Schedule a free consultation today.
The Risks of Handling a Claim on Your Own
Insurance companies are supported by experienced legal teams that aim to limit the amount paid on claims. This approach is a fundamental aspect of their business model. When pursuing a claim without legal representation, you are solely responsible for gathering evidence, securing witness testimony, and ensuring your case satisfies California’s legal standards for negligence. This can be especially challenging while you are also recovering from your injuries.
In addition, it is essential to thoroughly document all losses related to your injury. Tangible damages such as medical expenses and lost wages are typically more straightforward to substantiate. However, more subjective harms—such as pain and suffering or loss of enjoyment of life—are considerably more difficult to demonstrate without legal support.
Claims involving diminished earning capacity add further complexity and often require testimony from vocational, economic, and medical experts to accurately establish the extent of the long-term impact.
Your Statements May Be Taken Out of Context Without an Attorney
When communicating directly with an insurance adjuster, any statements you make—no matter how harmless they may seem—can be recorded, interpreted out of context, and used to undermine your claim. For example, casually mentioning that you’re “feeling better” could be mischaracterized as evidence that your injuries are minor or resolved. Having an attorney manage all communications and negotiations protects you from making inadvertent remarks that could jeopardize your case.
How Pure Comparative Negligence Impacts Compensation
Under California’s pure comparative negligence standard, an injured party can recover damages even if they are found to be predominantly at fault for the accident. However, any compensation awarded is reduced in proportion to the injured party’s percentage of fault.
For example, if you are awarded $100,000 in damages but are deemed 30 percent at fault, your recovery would be reduced to $70,000. Insurance companies often exploit this standard by attempting to assign a greater share of fault than is warranted, thereby reducing the payout. Without legal representation, claimants may be less equipped to challenge these assertions effectively.
Schedule a Free Consultation
When proving liability in a slip and fall case and fighting for your rights, you need the skills and experience of a personal injury attorney at Salamati Law. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation.
