Contact a premises liability attorney within days of your injury if you were hurt on someone else's property due to a hazard they knew about or should have known about, and you have medical bills or ongoing treatment
The decision to call a lawyer is not about whether you have a case — it is about whether waiting costs you money. Premises liability claims have time limits that vary by state, usually between one and three years from the date of injury. But the real important date is much sooner: evidence disappears, witnesses move, and the property owner's insurance company starts building a defense the moment they hear about the incident. Calling within the first week or two, before you settle anything or sign any documents, protects your options.
You do not need a lawyer to file a claim with the property owner's insurance company. You can do that yourself. But you should talk to one before you accept any settlement offer, before you give a recorded statement, and before you sign anything that limits your right to sue later. Most premises liability attorneys work on contingency — they take a percentage of what you recover, not an upfront fee — so the conversation itself costs you nothing.
Key Takeaways
- Contact an attorney within days of your injury, before you accept any settlement offer or sign documents from the property owner's insurance company.
- You have a potential premises liability claim if you were injured on someone else's property because of a hazard they knew about or should have known about, and you have medical bills or lost income as a result.
- Most premises liability attorneys work on contingency, meaning they take a percentage of your recovery and charge no upfront fee.
- Time limits to sue vary by state but typically range from one to three years; waiting longer makes your claim harder to prove and easier for the property owner to defend.
- An attorney can tell you in one conversation whether your injury is worth pursuing and what the next steps look like.
What a premises liability attorney actually does
A premises liability attorney investigates whether the property owner or manager had a duty to fix or warn about the hazard that injured you, and whether they breached that duty. They do not argue that accidents happen — they argue that this accident was preventable because the property owner knew or should have known about the danger and did nothing.
The attorney will request maintenance records, incident reports, and photographs of the scene. They will interview witnesses while their memories are fresh. They will obtain your medical records and bills. They will determine what your claim is worth based on your medical costs, lost wages, and the severity of your injury. Then they will negotiate with the property owner's insurance company, or prepare to take the case to trial if settlement talks stall.
You do not pay them unless they recover money for you. If they do not recover anything, you owe them nothing — though you may still owe court costs and informed witness fees, depending on your agreement with them and your state's rules.
Red flags that mean you should call when ready
Call an attorney the same day or the next day if any of these explore: the property owner or manager told you they knew about the hazard before you were injured; you have photographs or video of the hazard; other people were injured at the same location before you; the property owner's insurance company contacts you and asks for a statement; or you received a settlement offer.
Also call when ready if you are still receiving medical treatment or if your injury has left you unable to work. The longer you wait, the harder it becomes to prove the property owner knew about the hazard, and the more your medical bills and lost income pile up — which increases what your claim is worth but also increases what you owe if you settle without legal help.
Do not sign anything the property owner or their insurance company sends you without showing it to an attorney first. Many of these documents contain language that limits your right to sue later or releases the property owner from liability in exchange for a small payment. Once you sign, you usually cannot undo it.
When you probably do not need an attorney
If you slipped and fell but have no medical bills, no lost income, and no ongoing pain or limitation, the cost of hiring an attorney will exceed what you can recover. An attorney working on contingency typically takes 25 to 40 percent of your settlement, so if your damages are under a few thousand dollars, the math does not work for either of you.
You also may not need an attorney if the property owner admits fault when ready and their insurance company pays your medical bills without argument. This happens rarely, but when it does, you can handle the claim yourself by documenting your expenses and submitting them to the insurance company in writing.
If you were injured on your own property, or if you were injured because of your own actions rather than a hazard the property owner created or failed to fix, a premises liability claim will not succeed. An attorney can tell you this in one phone call, so there is no harm in asking.
How to find and evaluate a premises liability attorney
Start by searching for "premises liability attorney" or "personal injury attorney" in your state or county. Look for attorneys who list premises liability or slip-and-fall cases as a practice area. Check their website or call to confirm they work on contingency — most do, but some charge hourly fees or require a retainer.
Call three to five attorneys and describe your injury briefly. Ask whether they think you have a case, what they would charge, and how long they think it would take to resolve. An attorney who listens to your story and asks follow-up questions is more trustworthy than one who promises a specific outcome or settlement amount. No honest attorney can may provide a result.
Ask whether they have handled cases similar to yours and what the outcomes were. Ask whether they will handle your case personally or assign it to another attorney in the firm. Ask what happens if you disagree with a settlement offer — will they take the case to trial, or will they pressure you to settle?
Red flags include: an attorney who guarantees a specific settlement amount; one who pressures you to sign a contract when ready; one who charges an upfront fee for a contingency case; or one who does not return your calls within 24 hours. Trust your instinct. If an attorney does not listen or does not answer your questions clearly, call someone else.
What happens after you hire an attorney
Your attorney will send a demand letter to the property owner's insurance company, describing your injury, the hazard, and the damages you are claiming. The insurance company will investigate — they will visit the property, interview the manager, and review maintenance records. They will also try to find reasons to deny or reduce your claim, such as arguing that you were careless or that the hazard was obvious.
Settlement negotiations usually take two to six months. If the insurance company offers a settlement, your attorney will explain what it means and whether you should accept it. You have the final say — your attorney cannot settle your case without your permission. If negotiations stall, your attorney will file a lawsuit and prepare for trial, though most cases settle before trial begins.
Throughout this process, you should expect your attorney to update you regularly and answer your questions. You should also expect to be honest with them about your injury, your medical treatment, and anything else that might affect your case. If you hide information or exaggerate your injuries, it will come out during discovery or trial and will destroy your credibility.
The cost of waiting to contact an attorney
Every day you wait, evidence gets weaker. Security camera footage is often deleted after 30 days. Witnesses forget details or move away. The property owner's manager may no longer remember whether they knew about the hazard. Your own memory of exactly how the injury happened becomes less clear.
If you accept a settlement from the property owner's insurance company without legal information, you may accept far less than your claim is worth. Insurance companies count on injured people not knowing the value of their cases. An attorney can tell you whether an offer is reasonable or whether you should push back.
If you wait more than a year or two to contact an attorney, you may run out of time entirely. The statute of limitations varies by state — some allow three years, others allow only one — and once it expires, you cannot sue, no matter how strong your case is. An attorney can tell you your state's important date in the first conversation.
Frequently Asked Questions
Do I have to hire an attorney to file a claim with the property owner's insurance company?
No. You can contact the insurance company yourself and describe your injury and medical bills. But before you accept any settlement offer or give a recorded statement, talk to an attorney. Insurance companies are trained to minimize payouts, and you may not know what your claim is actually worth.
What if the property owner says they did not know about the hazard?
An attorney can investigate whether they should have known — for example, by checking maintenance records, asking how long the hazard existed, or finding evidence that similar injuries happened before. "Should have known" is often enough to win a premises liability case, even if the property owner claims ignorance.
Can I contact an attorney if I have already accepted a settlement?
It depends on what you signed. If you signed a full release, you probably cannot sue. If you only accepted payment for medical bills without signing a release, you may still have options. An attorney can review the documents and tell you whether your claim is still alive.
How much does a premises liability attorney cost?
Most work on contingency, taking 25 to 40 percent of your settlement or judgment. You pay nothing upfront. You may still owe court costs and informed witness fees, depending on your agreement and your state's rules. Ask about this during your first conversation.
What if my injury is minor and I do not think it is worth hiring an attorney?
Call an attorney anyway. The conversation is free, and they can tell you in five minutes whether your case is worth pursuing. You might be surprised at what your claim is worth once medical bills, lost wages, and pain and suffering are added up.