Getting the Compensation You Deserve: 3 Things You Need to Do for Proving a Slip and Fall Claim

Slip and fall experiences can range from being embarrassed and walking away with a bruised ego to serious injuries with the need for an ambulance and time spent in the hospital. Depending on the circumstances, there may be a liability for the property owner or split liability where several people share faults, such as the owner, subcontractor, renter, or maintenance service. Getting fair compensation can be difficult for a seriously injured party.

Help to Build an Injury Case From the Hospital

People with serious slip and fall injuries may not be able to do their own investigating. This is the time to call a law firm for help.

One way to find a law firm is to go online and view it at GBW.law. Look for a law firm that has lawyers experienced in working on this type of injury case. There are several ways people can be injured including vehicle accidents, falls, and being struck by objects. The Centers for Disease Control and Prevention identify slip and fall and being struck by objects as the cause of 62% of brain injuries.

The first step is to get medical attention and the next step is assigning liability for the injury. The steps a law firm will take include:

  1. Finding and interviewing witnesses. Investigations with photographs, diagrams, and descriptions of the scene and the danger.
  2. Checking maintenance records and collecting defective products linked to the accident and injury
  3. Documenting client injuries and future prognosis, contacting all of the involved parties, and filing all of the required paperwork.

Is It the Other Party’s Fault?

Proving liability and negligence can be complicated. The victim or their representatives must prove they did not cause the accident themselves. These factors must be considered:

  1. Was the hazard existing long enough that the property owner should have taken action to eliminate it?
  2. Did the property owner have the property inspected for hazards routinely and is there an inspection log?
  3. Was there, at the time of the fall, a justifiable reason for the creation of this hazard?
  4. Was limited visibility or poor lighting involved?
  5. Could the property owner have made the hazard less dangerous with preventative actions such as rerouting traffic or using warning signs?

These conditions help establish liability, but the plaintiff also has to prove their own actions did not cause the injury. This could involve talking on a cell phone or other distractions or being where they did not have lawful access. Did they ignore warning signs?

Slip and Fall Claims Involving Premises Liability

But, what caused the fall? Some causes of slip and fall accidents involve wet floors, dangerously uneven sidewalks, unsafe stairs, and other dangerous property conditions. There are several steps involved in slip and fall claims. A law firm can help an injured person with every step of the process. This involves deciding if there is a case if it is worth filing a claim and establishing the claim amount.

This slip and fall claim will involve an established process.

  1. The Complaint/ Summons document explaining the reason for the complaint.
  2. The defendant’s document in answer to the slip and fall claim.
  3. The next phase is the discovery phase where the case is proven. This stage can take months or even years.
  4. Pre-trial motions filed with the court to address issues.
  5. Mandatory mediation or settlement conferences.
  6. The case goes to trial
  7. The judgement in successful slip and fall cases must be collected.

Because of the complexity and the number of documents to file, the claimant should consider contacting a law firm for assistance.

 

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