Slip-and-fall accidents can happen anywhere – supermarkets, sidewalks and workplaces all present potential risk. Injuries from such falls may lead to serious physical trauma and incur high medical bills or income losses that require costly legal proceedings for compensation. This guide is here to assist if you become injured – outlining all steps and considerations associated with slip and fall claims.
Premises liability laws encompass slip and fall cases. Property owners are held accountable for providing a safe environment. If someone is injured due to slipping, tripping, or falling onto potentially hazardous surfaces on their property, legal action could be pursued against those responsible.
Key Components of a Slip and Fall Case In order to be successful in their slip and fall claim, an injured party (the Plaintiff) must present evidence proving certain key elements.
Duty of Care: In order for a plaintiff to establish that an owner or occupier owes them a duty of care, they must establish that this individual was responsible for keeping guests reasonably safe. Depending on the relationship between parties involved, this may vary considerably.
Breach of Duty: In order to establish breach of duty, the plaintiff must show there has been a violation in creating a safe environment, including failing to address known risks such as broken stairs, uneven surfaces or wet floors that cause slipperiness.
Plaintiffs must establish that a breach caused their injuries in order to win their case. Proving this requires showing that an injury was due to dangerous conditions on a premises and that this injury would not have happened if there had been safer facilities provided.
Plaintiffs must demonstrate that their slip and fall caused actual damages such as medical expenses, lost wages and pain and discomfort.
Steps for Handling a Slip and Fall Case From initial incident to resolution, most slip and fall cases follow a series of steps that must be completed successfully. Here is an outline:
After being involved in an accident, it’s vitally important that you seek medical advice promptly – both for yourself and as evidence in court. A quick examination of injuries sustained can establish links between an incident and injuries sustained in court proceedings.
Document the Accident: After any incident has taken place, immediately collect as much evidence as possible to document its occurrence. Take photographs of any potential contributors such as wet railings or uneven pavement; interview witnesses for their account of what transpired; report it immediately to owners and managers who might be accountable; keep copies of all correspondence or reports sent or made about this event – keeping copies will ensure nothing gets missed out in reporting process.
Experienced slip and fall attorneys can be invaluable resources. They will help guide you through the legal system, negotiate fair settlements with insurance providers on your behalf, and represent your interests during negotiations with them.
Your attorney will conduct a comprehensive investigation and collect evidence in support of your claim, such as surveillance footage or maintenance records that demonstrate negligence on behalf of property owners. They might try to show that they knew about potentially hazardous conditions on their premises but failed to address them accordingly.
If no agreement can be reached through negotiations, your attorney may suggest filing a lawsuit in court. Once this occurs, defendants have an opportunity to respond or defend themselves before receiving an official legal complaint from the court.
Discovery Phase: At this point in the litigation process, both parties exchange information and evidence pertinent to their cases, which may include exchanging interrogatories, deposits or document requests. Discovery is vitally important in building strong cases and preparing for trial.
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Settlement Negotiations. Settlement Negotiations.
Trial (if necessary): When settlement attempts have failed, trial may become necessary. At this hearing, both parties present arguments and evidence to a judge or jury for consideration; at that time, the plaintiff will need to prove that defendant’s negligence caused her injury.
If either party is unhappy with their trial, the court allows them to appeal it and review legal procedures and decisions made during its original case. They won’t hold another trial but instead review what has already taken place in its initial proceeding.
Compensation for Slip and Fall Accidents When injured in a slip-and-fall incident, compensation could be available. If this applies to you, make an application today to see what options exist to ensure maximum compensation is received!
Compensation for Medical Expenses: Compensation for medical expenses may include hospitalization, surgery and rehabilitation of an injured party.
Loss of Earnings: If an injury prevents you from working, and/or causes future earning capacity impairment, compensation should be awarded as compensation for lost income and future impairment caused by this incident.
Pain and Suffering: Compensation may be available for injuries that cause pain and suffering, emotional distress and the diminished enjoyment of life.
Punitive Damages: For acts which are particularly reckless or malicious, courts can award punitive damage as a form of punishment and deterrence for future behavior.
Slip and fall claims can be complex and require in-depth knowledge of the law, evidence collection and representation by an attorney with expertise in these cases. Navigating this legal process more efficiently will ensure you receive what compensation is owed to you from this incident. A personal injury attorney with expertise in handling slip and fall cases will be there to guide and represent your interests effectively throughout.
This article was written by Jeanette Secor PA Attorney at Law.
Since over 20 years, Jeanette Secor’s law firm in St. Petersburg has been the first choice of those who are seeking justice following an injury. Jeanette Secor is a renowned St. Petersburg slip and fall attorney with a track record of representing clients in motorcycle accidents, car accidents and slip-andfall incidents.