Simple Steps Towards Proving a Slip and Fall Injury Claim

Sometimes, it’s hard to prove who’s liable for slip and falls. Annually, thousands of people are harmed, many severely, from slipping or falling on stairs, a floor, or other surfaces that are becoming dangerous or slick.

To succeed in a slip and fall accident case, you should be able to establish the liability of the property owner. Here’s What You Must Prove to Win a Slip and Fall Injury Claim by AllLaw to explain it further.

Theories of Liability in Slip and Fall Claims

In order to hold another party responsible for injuries suffered in a slip and fall accident, an injured person must typically prove one of the following:

  • A property owner (or their employee) should have recognized a dangerous condition (i.e. a pothole or an uneven walking surface) and removed or repaired the potential danger, but did not. The key question here is whether a reasonable person would have identified the condition as hazardous, and whether the defendant had ample opportunity to remedy the situation before the accident occurred. OR
  • A property owner (or their employee) actually caused the dangerous condition leading to the slip and fall accident — by leaving a hazardous obstacle in a walking path, for example — and it was reasonably foreseeable that someone would trip and fall due to the condition.
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Automobile accident case.

Proving Fault in Slip and Fall Accidents

There are times when it’s difficult to prove who’s responsible for a slip and fall accident. Many people every year are harmed, loads seriously, from injured on a floor or other surface that’s become dangerous. Even the ground that’s become rough to a dangerous level can cause serious injuries. On the other hand, sometimes it could be hard to prove that the property owner is liable for a slip and fall.

Could the Owner of the Property Have Avoided the Accident?

If you or somebody you know has been harmed in a slip and fall, then it may be alluring to seek out justice via a lawsuit instantly. But first, think about this question: “If the owner of the property was more careful, then could the mishap have been prevented?”

For instance, even though a leaking roof causes a slick condition that you could slip and fall on, the owner of the property may not be liable for the injuries if a drainage grate in the floor was present intended to limit such conditions.

Additionally, property owners won’t constantly be liable for things that a rational person would’ve prevented, for example, tripping over a surface that would usually be located in that position (such as a rake on a lawn during the fall).

Every individual has a liability to know their surroundings as well as make efforts to prevent dangerous conditions.

Duty to Maintain A Reasonably Safe Condition

On the other hand, this isn’t to say that owners of properties are never held liable for others’ injuries in a slip and fall. Though there isn’t a cut-and-dried rule, the owners still should take reasonable measures to make certain that the property does not present dangerous conditions that’d result in an individual to slip and fall.

But this reasonableness is frequently balanced against such care that the individual that slipped and fell should’ve used. In a slip and fall accident, the following are a few guidelines that insurance companies and courts utilize when determining fault.

Slip and Fall Accidents: Proving Fault by Nolo has info on how to determine liability in a slip and fall case:

To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else’s property, one of the following must be true:

  • The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
  • The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
  • The owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.

To aid you with this case, Proving Fault in Slip and Fall Accidents by FindLaw features a few questions that you or your lawyer will want to talk about before starting a claim.

Liability

If you’ve been harmed in a slip and fall on the property of someone else due to a dangerous condition, then you’ll likely have to be able to demonstrate one of the following to succeed in a case for the injuries you go:

  • Either the owner of the property or his worker should’ve known of the risky condition as another, “reasonable” individual in his position would’ve known about the risky condition and removed or fixed it.
  • Either the owner of the property or his worker is aware of the risky condition but didn’t remove or fix it.
  • Either the owner of the property or his worker caused the risky condition (broken flooring, spill, etc.).

Because loads of property owners are generally pretty good regarding the upkeep on their establishment, the first case is most frequently the one that’s litigated in a slip and fall. On the other hand, the first case is also the most complicated to prove due to the phrase “should have known.” Following the presentation of your arguments and evidence, it’ll be up to the jury or judge to decide whether or not the property owner should’ve known about the dangerous condition that resulted in you to fall.

How long had the defect been present before your accident? In other words, if the leaking roof over the stairwell had been leaking for the past three months, then it was less reasonable for the owner to allow the leak to continue than if the leak had just started the night before and the landlord was only waiting for the rain to stop in order to fix it.

What kinds of daily cleaning activities does the property owner engage in? If the property owner claims that he or she inspects the property daily, what kind of proof can he or she show to support this claim?

If your slip and fall accident involved tripping over something that was left on the floor or in another place where you tripped on it, was there a legitimate reason for that object to be there?

Learn more about proving liability in a slip and fall case by clicking on the articles above.

Calculating Damages in a Personal Injury Case

Calculating the damages can be very intricate, and frequently, the parties use expert witnesses, like actuaries and economists, to give their assessments on the proper costs of damages. These calculations take in not just benefits and income earned outside the home, yet the financial value of care and services provided as well within the home by a homemaker parent (cooking, laundry, child care, house maintenance and cleaning, education, shopping, transportation, and medical care).

Time Limits

Each state sets particular time limits, known as the “statute of limitations,” on filing wrongful death cases. The rule is that a case should be filed in two years of the day of the deed that resulted in the death of the victim.

However, in particular cases, the time limits or statute of limitations could be as short as a year. Certain rules apply to people under 18 (minors typically have two years to file a case) and individuals with mental disabilities and in cases that involve intentional acts or fraud.

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Lawyer talking to the jury

In numerous states, the time limits do not start ticking until the injury is discovered (occasionally known as the “date of discovery”). E.g., if the failure of a doctor to diagnose cancer isn’t discovered for years following the error (as cancer lays inactive), the time limits may not begin until the patient discovers cancer.

A few states put a higher limit on the discovery date in certain kinds of cases, like construction, medical malpractice, product liability, as well as legal malpractice claims. For instance, a state may state that a survivor could file a case in two years from the discovery date of harm, but not over five years from the actual harm infliction.

Getting Help

As wrongful death actions frequently involve complex fields of the law (such as medical malpractice) and may cause huge damage awards, it’s frequently wise to take the services, or at least talk to, an attorney.

Getting the Best Auto Accident Settlement

Negotiating an auto accident settlement takes a lot of documentation and much organization. In addition to that, patience is crucial as your negotiations may take a while to get you the auto accident settlement you deserve and desire. With enough preparation and planning, a few rational negotiation, and endurance, you’ll be able to work your way through arguments successfully and get the auto accident settlement you deserve.

Getting the Proper Auto Accident Settlement

Getting the proper auto accident settlement varies according to the value of the claim. Your claims’ value rests on a number of factors— location, severity, the extent of negligence, etc. In order to establish your claim, you need to document or record everything! Any details pertaining to the accident, any expenses that you have settled to obtain medical treatment, any property damage estimates or any other information that will support your account on the incident and the damages you’ve acquired. Make the dispute for the value of the claim you deserve accurately and clearly.

Note that the insurance company could value the claim settlement much less than you do, which means that you might have to discuss a fair settlement. The negotiations can go backward and forward until both parties reach an agreement. Therefore, do your best to remain patient while keeping an open mind regarding what you deem as a fair settlement. And while it’s crucial not to hasten things, you have to take control of the situation and be aware of everything that takes place! If you feel that time has wastefully elapsed between contacts, then you have to follow up on it. Take records along the way just in case you need to work on the other routes.

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An injury claim may involve a lot of documentation.

And if you think that the auto insurance adjuster is forcing you toward a settlement that you think is too low, do not continue negotiating with that individual. Go through the right authority levels and get the payment you deserve.

Talking with the Auto Accident Adjuster

While it’s crucial to be courteous and respectful, it’s also imperative to be shrewd and firm to negotiate a reasonable settlement with assistance from a lawyer. Auto insurance adjusters are hardwired to save their insurance company more cash and you need to be careful while working with them. Follow a few simple guidelines about what should be done and what shouldn’t be done when working with an auto insurance adjuster:

When reporting an auto accident, you must be polite and reasonable. Just stick to the accident’s facts and your efforts to recover; don’t allow your emotions to color your judgments. Do not give the impression that all is fine, even in casual talks. If the insurance adjuster inquiries include the injury you sustained, then tell them that you’re under a physician’s care; that you’ll keep the adjuster updated. Keep your talks rooted to the facts.

If the insurance adjuster requests for a documented statement, then graciously decline it. Rather, ask if the adjuster can personally meet with you. Don’t sign a printed statement and/or tape record an account over the telephone. Just verbally provide your side of the incident as it took place.

personal injury lawyer
personal injury lawyer on the job

Keep completely accurate records and documents of everything that surround the claim. Keep all letters and save emails. Note the times and dates of all phone talks. Request for any commitments or promises in writing. Take thorough notes of each talk. Keep your expense and bill receipts. Make duplicates of every file or document; gather them in a secure area and be attentive about your documentation all throughout the process.

If you’re requested to have an IME (independent medical examination) by the auto insurance adjuster, then courteously decline the request. You’re under no duty to undergo an IME. Just put the adjuster off until you’ve completed your treatment with your doctor. The adjuster can constantly request your records from your doctor.

Negotiating with the auto insurance adjuster can be frustrating sometimes, but with the appropriate claim value, the records to establish your value as well, patience and tenacity, you’ll be able to get the auto accident settlement you want and deserve. You can refer to an accident lawyer to get legal assistance or advice at any time.

Personal Injury Law: What Should I Do When I Am Injured at Work?

When you’ve been injured or harmed at work, you might not know where to start the process of asking legal advice from your lawyer and claim filing against your employer. You must know that your company could be legally responsible for the injuries or damages that you have incurred at work. An attorney from a law firm that tackles personal injury can assist you in starting the filing process of an employee’s compensation claim.

Contact An Attorney After An Accident

You should get in touch with an attorney shortly after the injury has happened. Some folks tend to wait for years following the accident to contact an accident attorney. Now if you carry this out, you could miss the time limit for the case filing. The law only allows a limited period for you to file the case after you’ve been injured or harmed. If you postpone too long, then your case could be dismissed automatically by the court due to a violation of the statute of limitations. Since courts are so caught up with such cases, numerous courts do not have problems in merely dismissing a case just to clean up the docket.

Contacting an auto accident attorney will aid you to determine how much cash you’ll be able to obtain for the injuries you incurred. You may desire to be informed of the total sum of reimbursement before choosing to partake in physical therapy or any other remedies that could not be entirely required for your injury’s treatment. A personal injury attorney can look into your case, and decide on a basic sum that your claim could be settled for at some point. Being informed about this amount, you could feel more relaxed in immediately starting physical therapy to rehabilitate yourself.

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Collect As Much Evidence As You Can When Injured

When you’re injured or harmed at work, it’s also important to collect as many documents as possible. If you’re able to file a report concerning the accident together with the HR (human resources) department for the company, then you must go ahead and carry this out. You would like to be sure that there’s a record or document of your injury occurring in the workplace. You should also attempt to take pictures of your injuries to make sure that you can receive compensations for the damage you incurred.

Depending on your injury’s severity, you can also call an ambulance. In this way, the injuries you acquired will also have a record. Even though you aren’t certain whether the damage was totally the fault of your employer, you must still think about calling an ambulance, so that a medical report can be filled out by you. If you do choose to file a case against the person or company that employs you in the coming months, then you’ll be able to obtain the medical report, and give it to your attorney. Your attorney would admit such statement into evidence during a trial, and the judge or jury would better comprehend the degree of the injuries you incurred during the time of your accident.

You must never wait to contact a lawyer. The majority of first consultations are of no charge, and you won’t have to disburse anything to a law establishment until after the settlement of your case.

Why Should You Speak with a Lawyer after an Auto Accident

If you’ve been seriously harmed in a car accident, contact a skilled personal injury attorney  who specialises in motor vehicle accident law for help.

Acquiring injuries from a vehicle accident can be shocking and upsetting at numerous levels. Firstly, victims fight to get physically better. They may have to be admitted to a hospital, go through surgery, or even undergo lengthy rehabilitation to recover fully from their injuries. Aside from the physical difficulties, a vehicle accident can ruin the victim’s lives and affect their families financially and emotionally. Frequently, we notice that vehicle accidents are a result of another driver’s wrongdoing or negligence. For instance, failure to obey traffic rules, drunk driving and distracted driving can lead to accidents.

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Reasons You Must Contact an Attorney

If you’ve been in a car accident, you may want to consult a car or truck accident attorney first before doing anything else. It is vital that you know your rights and cooperate with a skilled legal expert who can clarify matters to you. Below are just some of the reasons you must consider hiring an experienced auto accident attorney on your side:

Easy and Free: The first consultation with an auto accident attorney is complete and free. With a visit or brief phone call, the attorney can privately assess your case. There usually are no out-of-pocket charges and the attorney is paid only if he or she wins the case.

Time is limited: Time is limited in taking legal action for a car accident. This time differs from state to state and varies on who the offender is. Taking judicial action is very critical since you could lose the right to claim your compensation if you don’t act fast.

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Insurance hardball: Insurance agencies normally don’t want to pay you, and this can make it hard for you to get the payment that you are asking for.

The case: If you choose to file a case regarding your car accident claim, an attorney can be very helpful for you in this complex procedure.

Understanding the damages: There are numerous possible damages that you can pursue after an auto accident. Aside from medical expenses, you could seek compensation for pain and suffering, rehabilitation costs, lost wages, and loss of companionship.

Proving fault: This could be challenging even if you filed a police report stating that the other driver was guilty, and witnesses support your version of the story. It is vital to have an attorney defending you because he who knows the law. He can help you present the case with the most accurate evidence and facts.

Settlement options: Experienced attorneys will look out for your best interest through each stage of the claims process. They can help clarify the repercussions of whether or not you are accepting a payment offer. An attorney can also aid you in assessing whether the settlement is the most rational action to take.

Contacting a Skilled Lawyer

Having an experienced and knowledgeable attorney defending you can help you get the payment you deserve. The choice you make now can affect your financial future and physical recovery.