Falling Into a Settlement: How to Win Your Slip and Fall Lawsuit

Each year, the aftermath and injuries associated with slip and fall accidents exceed $70 billion in the United States. While on the job, slip and fall accidents and those that involve seniors are the most common. Because of the frequency and high risk, a victim is well within their rights to file a slip and fall lawsuit.
If you are involved in a slip and fall accident that was caused by something, or even someone, beyond your control, you may wonder what legal options you have. The fact is if you want to recover damages you have to prove liability.
This means you have the evidence to support your claim that another entity resulted in the accident, and your injuries. In many cases, this is a real challenge.
A great way to help you recover damages is to hire a personal injury attorney who has experience with slip and fall cases. You can also use the tips here to help ensure you can prove liability and recover damages.

Who is Liable in a Slip and Fall Case?

Before diving into how to prove your slip and fall lawsuit, it’s a good idea to get to know who is liable. In most case, the liability is going to rest on the property owner where the accident occurred.
However, you have to prove negligence and that the accident could have been prevented. Depending on the property type where your injury occurred, the owner may be a government, commercial or private entity.

Proving Dangerous Conditions in a Slip and Fall Accident Case

To prove your slip and fall accident resulted from the negligence of someone else, you have to prove there was a dangerous property condition present. This isn’t as challenging as it may sound. After all, the dangerous condition was either there, or it wasn’t.
The challenge comes in proving the owner of the property was aware of the hazardous condition. To recover compensation, you have to prove the owner had actual notice of the hazards, or constructive notice of it (this means they should have been aware of it).
There are several ways to know if a property owner had notice of the hazardous condition:

Incident Reports

In many situations, businesses prepare an internal report of falls occurring on the property. This report is called the “incident report.”
It usually describes what happened, who saw it, how the accident occurred and more. There may even be information about how long the hazardous condition existed on the property.

Video Surveillance

Thanks to technology, a large number of businesses now use video surveillance to safeguard the property. The video can provide proof of how long the hazardous condition existed on the property
If you fell because of some hazardous condition on someone else’s property, and you believe there’s video proof, make sure to request it right away.
Many surveillance cameras record on a loop. This means the proof could be recorded over.

Sworn Testimony

If someone, besides you, is aware of how long the hazard was present and will say so on the record, then they can establish proof the owner should have been aware of the hazard. While you can try to establish this with your own testimony, it may not be enough for your slip and fall lawsuit.

Make Sure Your Injury Is Documented

Documentation of your injuries is provided in your medical records. While this is true, it’s a good idea to keep a personal journal, too. This allows you to record the experiences you have related to the injuries you suffered.

Keep Track of Accident-Related Expenses

After you are injured, you are going to need medical care, you may miss time at work, and incur other costs. It’s important only to record those expenses that are really tied to the injury.
By keeping track of what you are spending in relation to the accident an injury, you are going to have a better chance of recovering a fair amount of compensation.

Avoid Exaggerating

If you attempt to exaggerate the injuries you have suffered or ask for more than what you deserve, it’s likely going to work against you. This is something you should avoid doing at all costs.
The good news is, your attorney can help you determine what you can realistically afford. This will give you an idea of what to ask for, and how to avoid asking for too much.

Hire an Experienced Slip and Fall Attorney

One of the best things you can do when trying to recover compensation for your slip and fall lawsuit is to hire a quality attorney. Find one who specializes in slip and fall accident claims.
Just because you come across a lawyer who has won a large number of medical malpractice cases, doesn’t mean they can handle your slip and fall case with the same likelihood of success.
Just like with any other area of law, there are unique nuances to slip and fall cases. Be sure to hire an attorney who fully understands these nuances, and how to effectively navigate them.

Your Path to Compensation: Proving Your Slip and Fall Lawsuit

As you can see, there are more than a few things that must be considered when trying to prove a slip and fall accident case. Having a quality attorney on your side will give you a fighting chance to receive the compensation you deserve.
If you have questions about your case, or need representation, reach out to The Sweet Law Group. We offer free consultations 24 hours a day, seven days a week and are dedicated to helping you get the compensation you deserve.


Related Posts

car accident legal advice

Hit and Run Car Accident? What You Need to Do Right Now

More than one hit-and-run accident happens every minute in the United States. Being the victim of a hit-and-run crash is extremely stressful because you often don’t know who is responsible for your damages. Even if you have insurance, it can be tricky to get them to cover the accident when there’s no other driver. Fortunately, […]

filing lawsuits

Time Limits on Filing Lawsuits: How Soon Do You Need to File After an Accident or Injury?

Every year, thousands of people are hurt in accidents that are not their fault. From car accidents to medical malpractice to defective products, personal injuries happen every day. Depending on the severity of your injuries, you may have extensive medical expenses, lost wages, or even permanent disability.  If the insurance company of the responsible party […]

vehicle insurance

In a Crash With No Vehicle Insurance? What You Need to Do Immediately

California ranks 10th in the nation when it comes to the number of uninsured drivers on the road. In fact, 16.6 percent of drivers in California don’t have vehicle insurance. If you’re in an accident and don’t have insurance, you might be afraid and have no idea what to do next. Don’t panic! Keep reading […]

hiring a lawyer

How to Find the Best Lawyer, and What Questions to Ask Before Hiring a Lawyer

According to the American Bar Association, there are well over 1.3 million lawyers in the US.  If you’re looking for a lawyer, it can be hard to know where to start.  However, it’s essential for the success of your suit that you find one who is equipped to handle your specific case, who has experience, the right specialization, and […]

Help Is Here

We have answers. Tell us about your situation.

Call (800) 674-7854 or request a callback below
  • This field is for validation purposes and should be left unchanged.

Police Report Request Form

Police Report Request

"*" indicates required fields

Sweet Lawyers has my permission to help provide a free police report.*
This field is for validation purposes and should be left unchanged.