Only a small percentage of slip-and-fall cases go to court. Depending on the case your attorney builds, you may be able to obtain a quick out-of-court settlement from the insurance company.
Slip or trip and fall cases are some of the most difficult to prove as there are several factors involved that could impact the outcome of your case. Since they are difficult to prove, they can be difficult to win as well. The details of your case will determine if you can get compensation for medical bills, pain and suffering, injuries, and damages.
Liability for slip and fall accidents
If you are injured due to someone else’s negligence or carelessness, you can sue that person in civil court. To prove your case, you must show that this person owed you a duty of care and did not fulfill it.
This means that the owner of the property or the manager must have been aware of inherent risks or hazards but did little to fix them, or should have known about potential dangers associated with the premises. If you can prove this, you will most likely be successful in your lawsuit.
The following people could have liability for slip and fall accidents.
- The municipality
- The property owner
- The store or property manager
- The lessor or lessee
- Another resident
How to win a slip and fall case
If your attorney can establish that the at-fault party had a duty to keep you safe but they failed to do so, then they could be found liable and you may have a personal injury claim. In order to prove that someone was negligent, they must have acted carelessly or recklessly, or they had a duty to act and failed to do so.
To win a slip-and-fall case, you must present ample evidence which proves not only your claim but also the other party’s negligence.
Document the scene of the accident with photographs and videos before any investigation or clean-up occurs. This way, you will have evidence of what happened at the time of the accident.
You should also document your medical expenses with receipts and bills from doctors and hospitals. This way, if you need to file a lawsuit against the negligent party, you will have evidence of your injuries and damages.
Is proving negligence hard?
Most of the time, it is hard for injured victims to prove that a property owner did not provide proper safety measures at the premises where an accident happened. That is why we recommend that you seek legal representation so that you can receive all the help and support you deserve.
It is in your best interest to consult with a legal professional who specializes in personal injury cases after suffering an accident.
Our experienced personal injury lawyers will investigate the case and gather evidence to help prove the person or business was responsible for your injury. Give us a call today to schedule a free consultation.