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What is a Slip and Fall Case? How Does It Work?

If you have been injured after taking a fall on someone’s property and are filing a claim, it refers to a premises liability lawsuit. In a suit like this, you must prove that someone else was careless and caused you to be injured, after which you construct a case, negotiate a payout that both parties agree on, and, in certain cases, take their claim to trial.

However, each slip and fall case is different. There are stages where a lawyer will follow in the legal procedure to attempt to negotiate a settlement with a client who has been injured and is seeking compensation. A lawyer can explain how a slip and fall lawsuit works in further detail.

Examining Your Slip & Fall Case

In a slip and fall case, the first step is to examine the situation by obtaining as much information as you can. To establish the case’s foundation, a lawyer may acquire evidence like video, photographs, medical records, and witness accounts, among other things.

Taking photos of the scene where you fell could be beneficial. If you become disabled, you may delegate this responsibility to someone else.

The next thing you want to do is develop the argument in your case. A lawyer will put together a case for you after collecting all evidence possible in order to attempt to secure a fair payment for what you are owed.

Your Losses

Accurately assessing what losses are related to your case is very important. With tangible costs, or economic losses as it is commonly called, this is pretty simple. Receipts may be used by your legal representation to substantiate these costs, which includes the expenses incurred by medical treatment and medication, wages you may have lost because of the injury, future earnings, and any damage to property.

You may also be entitled to what is referred to as noneconomic damages as well, depending on the severity of your injuries. These may be physical and mental issues that stem from the disaster. You will see things referring to his like pain and suffering, mental distress, loss of quality of life, permanent disability, and even the lost of a loved one.

Falls have one of the largest mortality rates among individuals over 65 years old, according to the CDC. You may be eligible to seek compensation for your loved one’s funeral if they passed away after falling on someone else’s land.

Demonstrating Negligence

Proving that a property owner was negligent is probably the most critical component of building a case for a slip and fall suit. To prove this, you must show that the owner of the property is responsible for the danger that caused your injury and either knew or should have been aware of it and corrected it.

If you were on the property unlawfully, there were signs warning you of the danger, or if you were doing anything that would have distracted you, it may be more difficult for a lawyer to really prove your case. Establishing negligence may be more difficult if a reasonable person would have seen the danger.

If you have been able to prove that the property owner was responsible for the accident, the bargaining can begin.

Reaching an Agreement

A lawyer can help you reach a reasonable settlement with the negligent party’s insurance company. Because both sides pay less in attorney’s fees and other unnecessary fees, negotiating is a faster and typically less expensive approach to resolve a dispute for everyone involved. It is also quicker to settle than to go to trial.

The American Bar Association says that nearly 98 percent of civil matters are resolved without the need for a trial.

Going to Trial

While resolving a lawsuit is typically the better option, there are situations when the irresponsible party or insurance company refuses to compensate the victim fairly. This is when a lawyer may advise going to trial.

Unfortunately, going to trial may lead to a drawn out conclusion of up to more than a year. This is a bit frustrating, but your lawyer would usually want to litigate your case if it means receiving the payment you deserve. Even after filing a lawsuit, settlement conversations may continue throughout this stage, and the matter may be settled before the two parties reach the actual courtroom.

Getting Legal Counsel

While this is the last thing we go over in this article, it’s likely the first step you want to take. Before even thinking of filing a slip and fall claim, it’s a good idea to consult with a lawyer beforehand. They can explain your legal choices as well as the process of a slip and fall lawsuit. Contacting a Ewing slip and fall lawyer or going after a slip and fall injury Trenton all should be determined on where you live. A recommended lawyer can assist in building a case or even advise whether or not you could take any legal action.

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