Accidents involving slip and falls are far too frequent, whether at the grocery store or visiting friends. A fall can result in broken bones, head trauma and spinal damage; moreover these costs often exceed insurance in terms of medical bills, lost wages and emotional distress. If injured, compensation may be available; therefore it is essential that injured parties understand the claim procedure to protect their rights and receive financial assistance; this article will walk through what to expect when filing a slip and fall claim.
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Understanding Slip and Fall Liability
In order to receive compensation after a slip and fall accident, it is necessary to acknowledge liability in order to establish liability on behalf of property owners who failed to maintain safe conditions and take reasonable precautions to prevent accidents from occurring. Evidence must be presented as proof of such behavior on behalf of property owners who did not take proper measures to safeguard against injuries occurring on their properties. To explore what to do after an accident, get council from experts at clipchamp.org.
Here are the elements necessary for winning a slip and fall claim.
Duty of Care: As the owner, it is your obligation to ensure a safe environment for guests.
Owners have violated their duties by failing to correct potentially hazardous conditions, such as wet floors, uneven pavement or poor lighting.
Your slip and trip accident was directly due to a breach in security.
Damages: Unfortunately, due to this event you have sustained both financial and physical damages.
What to Do after a Slip and Fall Accident
Below is what should happen after experiencing a slip-and-fall accident.
Never delay seeking medical help – Your safety and well-being should always come first, even if the injuries appear minor. Concussions or internal trauma might not always be visible and could leave evidence that could later be used against the responsible party; treatment records also can act as proof for future claims.
Document the Scene. Take photos or videos of the accident scene as soon as possible, to provide evidence against third parties claiming liability against you for injuries sustained at that scene. Document any hazardous conditions which might have led to you slipping such as broken handrails, spillages or icy paths as well as visible injuries that caused you to slip and fall; these documents can serve as evidence in liability claims against third-parties.
Report an Incident. Once an incident occurs, notify its owners, managers or anyone who may be at fault immediately. In a commercial setting, request that an incident report is completed with details about any potentially hazardous situations.
Gather Witness Information. If there are witnesses that can offer testimony to support your version, get their contact information and a brief account of what they witnessed. These people could provide vital support evidence.
Document all accident-related expenses. These may include medical bills, prescription costs, travel costs and any other associated with an incident. You could even qualify for compensation if an injury prevents you from going back to work.
After taking all necessary steps to document the incident, filing a slip and fall claim should be the next step in your journey. Here’s a brief outline of the process:
Consult a Personal Injuries Lawyer: Filing a slip and fall claim on your own can be done, but working alongside a personal injury attorney increases the chances of success. They will assess the strength and viability of your claim while gathering evidence to support it while negotiating with insurance companies on your behalf.
Investigation and Evidence Collection: Your attorney will conduct an in-depth investigation of the circumstances surrounding your accident, such as reviewing security footage, collecting maintenance records or interviewing witnesses. Any case for negligence must be clearly demonstrated by the property owner.
Negotiating with Insurance Companies. Negotiating with insurance companies. Your attorney will present evidence and argue on your behalf to get a fair settlement covering medical expenses, lost wages and pain and suffering damages. Insurance companies tend to attempt to minimize payouts; having an attorney by your side can ensure you receive all of the money that is owed to you.
If the insurance company refuses to offer an acceptable settlement, your attorney may suggest filing a lawsuit. A formal complaint outlining your accident, injuries suffered and compensation sought is sent first to the court and then to defendant (property owner). Once received by them both parties can respond.
Discovery Phase: Once a lawsuit has been filed, both sides will exchange evidence and information pertaining to their claims, such as depositions, questions and documents. This step is essential in gathering all the evidence needed for building a strong case.
Settlement or Trial? In cases in which no settlement can be reached, trial will likely ensue and be heard before either a judge or jury who will rule on responsibility and compensation issues.
Slip and Fall Compensations Are Available* The various compensation types that may cover slip-and-fall injuries include:
Medical Expenses – This category encompasses any costs you incurred as a result of your injury in terms of hospitalization, surgery or physical therapy services.
Loss of Income: Compensation may be available for future income capacity loss due to permanent injury.
Injury Compensation – Compensation can be sought for physical and emotional pain caused by an accident.
Loss of Life Enjoyment: Compensation may be awarded when an injury prevents you from engaging in your daily activities and hobbies, reducing quality of life.
Punitive Damages: In cases of reckless or inappropriate property ownership behavior, courts may award punitive damage as a way of punishing and discouraging future incidents. Such sanctions will discourage similar behavior by property owners in future.
Slip and fall accidents involve a complex legal process requiring documentation, investigation and negotiation. Consulting with an experienced personal injuries attorney increases your chances of recovering money for medical expenses, lost wages and other damages. Don’t go it alone – legal assistance is available to protect your rights and ensure you receive what’s owed to you.
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.
