A slip and fall case is one of the most common personal injury legal cases in the country. Basically, a slip and fall case is a case where the plaintiff sues the defendant (usually the owner of a building or an establishment) for their negligence which leads to their slip, fall, and injury. Each slip and fall case has its own uniqueness that demands different approaches. However, there are common steps that every attorney must go through.
The first step of a slip and fall case is the collection of evidence. The evidence can come from surveillance footage, witness statements, medical records, and pictures among many others. One must provide their attorney with as much compelling evidence as possible. They need to show that the injury happened at the premises of the defendant. They also need to prove the negligence of the defendant. The court needs to be convinced that the owner of the premises neglected their responsibility and therefore caused your slip and fall injury. One also needs to prove that it wasn’t their fault that the slip and fall accident occurred.
Quantify the Loses
One of the most important needs for a slip and fall is the justification for the amounts of compensation asked. One needs to justify that indeed they deserve the amount of money they ask for. This can be done by proving, injuries such as broken bones, burns, bruises, and others that are a result of the negligence of the defendant. Medical bills and other related costs as a result of the accident can be used to quantify the damage. One can also sue for lost wages as a result of the injury and pain and suffering caused by the injury. A good attorney will ensure that one gets the maximum compensation for their injuries.
Proving Negligence and Fault
The two major hurdles that get slip and fall cases thrown out are lack of evidence and lack of fault. The plaintiff bears the huge burden of proving negligence and fault. Negligence must put the defendant as the main cause of the slip and fall. If the defendant proves that the slip and fall was a result of the action or inactions of another party that is not them, then they are acquitted of the charge. The plaintiff must prove that it was the duty of the defendant to ensure that such accidents did not occur and they failed in doing so.
The plaintiff also must prove that it was not their fault that the accident happened. The plaintiff must prove that their slip and fall were not a result of their error. The defendant may use things such as evidence of intoxication, inappropriate shoes, and general carelessness of the plaintiff as the cause of the accident. The plaintiff needs to prove that they were within the confines of their responsibilities when the accident occurred and that the accident is in no way a result of their actions or inactions.
Getting a Settlement
A good personal injury attorney must be able to negotiate an agreeable settlement with the defendant. One needs to exhaust the out-of-court avenues of getting a settlement before going to trial. These settlements are not only cheaper but also help save human ties between the parties. When these avenues are exhausted, then one may consider going to trial. They must only go to trial when they have compelling evidence and a qualified and capable lawyer.
To find out more about slip and fall cases, you can consult the May Firm Injury Lawyers for more assistance.