Slip and fall accidents are not as rare, as some people may think. On the contrary. They are actually very common. One of its biggest downsides is the fact that they can happen at any given moment.
And then once they occur, they can lead to various issues that are related to a person’s overall well-being, such as pain, and suffering, emotional distress, fear, and many other negative things that could make you feel completely hopeless.
But there’s a silver lining in all of this. Namely, if your injuries were caused by someone else’s negligence, there are a couple of things that you can do to prove this, and simultaneously, receive the proper compensation. Want to know what’s supposed to be done? Just scroll below!
Be Sure To Contact An Attorney First
Slip and fall cases (just like many others) tend to be very complex, especially for people who’ve never gone through them before and aren’t familiar with the law. That’s exactly why you shouldn’t rely solely on yourself, no matter how eager you are to receive fair compensation.
Instead, you should contact an experienced slip-and-fall lawyer in order to maximize your chances of getting solid compensation. Since you are obligated to establish liability, this is something a skilled advocate can help you with.
They will not only fight for your rights in court but will also gather all the relevant evidence with a goal to build a good case. Bear in mind that these people have the necessary knowledge and skills to identify the most crucial evidence that could benefit your case. That’s why abogado de resbalon y caida (slip and fall attorney in Spanish) should definitely be considered. Without them, your chances of winning are, in fact, quite slim.
Be Wary Of Insurance Companies
No matter how harsh this may sound, insurance companies are not your allies. In fact, they will do whatever is in their power to ensure you are not properly compensated. Even if they think that the other party is responsible for the accident, they’ll do everything they can to push back your allegations, and, at the same time, drastically lower the amount of money that you’re supposed to receive.
That’s how things work with them usually. However, if you still want to file a claim, you need to remember that this entire process is not only physically and emotionally draining, but costly as well.
Before you take any further steps as far as this is concerned, it would be wise to first determine if the injuries you sustained are really that severe. To put it simply:
- If you hurt your knee during a slip and fall accident, that’s not something that’s worth a fight (in terms of compensation), particularly if your health insurance covers your medical expenses that are related to the injury.
- On the flip side, if you hurt your back, and you’re unable to go back to work (which results in lost wages), then that’s surely worth fighting for in court.
When To Blame The Other Party?
For instance, if the store owner was aware that the floor was wet and slippery, and decided to do nothing about it (not even to put a warning sign on the floor), then it definitely means that this person is liable.
Since you, as an invitee, have every right to enter that store, the owner of it is obligated to do whatever is possible to make sure that every person who enters their store is safe. If they do not take the necessary steps to accomplish that, then they must be held accountable.
When Are You To Blame?
In some instances, a person who has gone through this accident may be perceived as responsible too. When is that the case? For example, if they noticed that the floor was slippery, plus you noticed the warning sign as well, they could have avoided that part of the floor and chosen a different route.
However, if they still decided to go over that spot and accidentally fell, then they are perceived as partially responsible for this incident.
The Importance Of The Evidence
If you want to prove the other party’s negligence (referring to the store or property owner), then you must collect very convincing and strong evidence. In these types of situations, it’s critical to fully document the accident.
Keep in mind that you must be very thorough when it comes to this, meaning, that the more evidence you gather, the better. There are certain things that must be documented, and they include the following:
- The time and date when everything happened
- The location of the incident
- Accident reports
- What lead to the incident, such as the slippery floor, debris in the aisle, and many other factors
- The statements of the witnesses, along with their contact information
- Security camera footage which showcases the entire event
- Pictures and videos taken at the scene of the accident
- Photographs of the injuries you sustained
- Medical records concerning your injuries
- Medical bills associated with the incident
- Evidence of lost wages which is a direct result of having to take a break from work due to the accident
- Receipts of any out-of-pocket costs that you had because of the claim you filed
Keep in mind that it’s of huge importance to present compelling evidence that’s going to prove that the other party was responsible for the accident. By doing so, you are going to build a very strong case against them.
The Worth Of The Slip And Fall Case
This is by far, one of the most common questions as far as these types of cases are concerned. However, no one can give you an answer that’s one hundred percent accurate. There are certain factors that must be considered, such as:
- The clarity of the fault issue
- The severity of the plaintiff’s injuries
- The availability of sufficient liability insurance to cover the victim’s losses
As you can see, based on everything that was written today, it can be quite challenging to determine someone’s liability, however, if you firmly believe that you have a solid case against the other party, then you should definitely pursue the claim.
The post How to Determine Liability in a Slip and Fall Case appeared first on NSF News and Magazine.