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:
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.
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.
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.
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.