As individuals, we often fall to the negligence of others. Whether that is in your workplace or at a public building of any kind, the careless acts propelled by others may have us entitled, as instituted by the law, to a legal claim. One of these personal injury claims may come in the form of a slip and fall case, where due to someone’s negligence you slip and then fall and hurt yourself. However, when faced with such a case, the services of an expert lawyer become crucial and absolutely necessary if you hope to win the lawsuit.
So, while you are at work you walk down the hall to the break room, when you slip and fall to the ground and you sustain an injury. That said, there are ways to act following the incident, which is vital to building a good and solid case.
Your health should be your number one priority and medical treatment should be sought straight after the fall. This also serves your case, as by doing so, an accurate account of the injuries will be documented. These act as pieces of evidence you can use in your case.
It is important that you inform the manager or owner of the establishment, of the injuries you have sustained due to their negligence. Have them write everything down and make sure you get a copy.
The next thing you should do is to collect contact information from any potential witness. Also, photograph the area at which the incident has taken place and make sure to get the exact spot where you fell. It is advised that you place all articles of clothing aside in a safe place and leave them in their exact condition. Furthermore, try to not give out statements, as they could tarnish your case. This includes not speaking to your insurance company.
This brings us to hiring an attorney, who will be your best chance at winning a slip and fall case. They will sort out everything, give out the statements on your behalf, and prepare a strong case to take the negligent parties to court.
It is favorable that you hire an attorney that will not treat you as a file number. The legal wizards at Preszler Law Firm explain the importance of devoting an entire legal team to a client, highlighting that it is created for better communication. This will also ensure that updates are passed as your claim progresses.
A lawyer’s job will be to prove the owner’s negligence. You will find that the term ‘reasonable’ will be brought up, as it is important to assess the situation on whether the negligent party employed every reasonable effort to prevent negligence or not. They will consider things such as:
- If the obstacle or hazardous condition has existed long enough for the negligent party to remedy the situation or not.
- If the manager or owner conducts a routine check-in the workplace or area for any hazards or dangerous obstacles.
- If the hazard’s existence has a reasonable justification and does that reasoning extend to the time of the incident.
- If the obstacle or hazardous condition could have been made less dangerous, by things like warning signs or relocating it all together.
- Was poor visibility a reason in causing the incident? Was it because of poor lighting conditions?
After your lawyer has proven negligence of the owner or manager by highlighting that they did not act reasonably enough to ensure your well-being and are therefore liable, comes the part where they have to prove that you are not making it up. This is mainly where they argue against the argument made, which will falsely accuse you of causing the accident yourself.
If you are found to be partially to blame for the injuries you have sustained, you may be denied compensation and lose the case. This is supported by the concept that is known as ‘comparative fault’. You may be seen as partially to blame if you were talking on the phone or just distracted by something else. A lawyer can remove that suspicion from you and have the court focus on the negligence and liability of the defendant.
Lawyers are trained in the art of asserting your truth atop any other facts that may dispute yours. They will fight for you rigorously, not just for the purpose of enforcing justice, but also for their own credibility.
Here are a few more reasons as to why you stand to benefit from a lawyer’s help with a slip and fall case:
A lawyer’s sole purpose is to communicate your story through the employment of a bunch of legal terminology. By doing so, they will first investigate how you came to get injured and then use all the tools they have, which include evidence, to establish that the property owner or the workplace manager have acted neglectfully.
Your losses may extend beyond just your injuries. Especially seeing as how your injury may lead to you taking a few days off work, which could affect your salary. This is known as lost income. It also includes your medical bills and any other bills related to the incident.
It is possible that the defendant may wish to settle the matter privately, away from courtrooms and trials. This is called mediation and it includes having your lawyer speak to the defendant’s lawyer. This is integral in obtaining the best possible settlement from this outcome.
Where some injuries may be severe, others may be minor. Either way, it is always advised that you put ‘speaking to a lawyer’ as one of the first things to do when faced with an injury. They will guide you through this distasteful journey of procuring you the compensation that you are liable for. Though, always make sure that your attorney is not treating you like a file number and that they care about your best interests.