After the accident, you may be wondering how you can file a claim or lawsuit? What are the procedure or steps you need to do for filing a lawsuit?

I. Preparing for your case:

a. Determining whether the property owner is at fault for your slip and fall injury and demonstrate the negligence of the property owner, manager, or an employee, i.e., failing to correct a dangerous condition.

b. Write down what happened right after the accident, circumstances and even the exact location and time of the day while it’s still fresh in your mind.

c. Write down the reaction of the employee or owner of the property after you fell. Find witnesses and get their contact information and asked them for written statements.

d. Photograph different angle of the location and also take photos of your injuries.

e. Get medical attention as soon as possible regardless of the symptom and keep all medical records.

f. Preserve the clothes and shoes worn at that time and do not wear them until after you have settled your case.

g. Seek legal counsel to help you with the case to ensure you have the correct legal representation to assist you.

II. Filing a case:

a. Demand Letter – outline the details of the injuries you suffered.

b. The Complaint and Summons – An attorney is required to file a complaint and summons, which is a summary of the factual details of the case, including:

1. Who is involved
2. How the slip and fall happened
3. Why the property owner/renter is responsible for your injuries
4. The damages you’re seeking in your lawsuit
5. The complaint is filed with the court, and a summons is issued for the defendant you name in your case to respond to the complaint within a certain time frame, usually 20 days.

c. The Defendant’s Response – The defendant’s lawyer will file this document with the court with the response of Denies responsibility for each claim and set up a defense that simply justifies the defendant as not liable for your injuries.

d. Discovery and Pre-Trial – Lawyers on both sides use this stage to discover information about the case. e. While Pre-trial motions are formal petitions to the court, asking for some intervention.

e. Mediation or Settlement Conferences – this is a common method to attempt to resolve a lawsuit without a trial.

f. Trial – If no settlement can be reached, the case can take from anywhere between a few days to a few weeks depending on how complex the case is.


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