Can You Sue for Slip and Fall?
Slip and fall accidents can happen at any time and in any place. Whether it’s a wet floor in a grocery store, a poorly maintained sidewalk, or a slippery staircase, these accidents can cause serious injuries and significantly affect your life.
If you suffered injuries, you are likely dealing with injuries and financial losses, wondering what your legal options might be. Can you file a lawsuit? Is this your best option? How do you even begin the process?
Fortunately, these are not questions you must answer alone. Instead, you can consult a slip and fall attorney who can assess what happened and advise whether you should file an injury lawsuit in civil court, among other things, to seek compensation for your losses.
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Lawyers, but Not Necessarily Lawsuits, Are Usually the First Step
Following an injury-causing accident like a slip and fall, many victims immediately think of heading to court. However, this is generally not the first step when seeking compensation. The first step is hiring a lawyer to file an insurance claim to demand a settlement.
If a slip and fall happens at a business, the company’s commercial general liability policy should cover injuries on the premises. If the injuries occurred on residential property, the property owner’s homeowners’ insurance will likely come into play.
While an insurance claim might sound straightforward, many claimants are shocked by the challenges they face. Insurance adjusters aim to minimize settlements or deny liability altogether, often making receiving the benefits you need for your losses difficult.
An experienced slip and fall lawyer can give you a significant advantage during the insurance process, as they know how to counter insurance tactics and negotiate a fair settlement. If you reach a settlement agreement, you can resolve the matter then and there without needing litigation.
However, if insurers do not offer reasonable settlements, your slip and fall attorney may recommend filing a lawsuit.
The Basics of Slip and Fall Lawsuits
Slips and falls are under the umbrella of personal injury law. For a successful lawsuit, you must prove the defendant was negligent in causing your accident and injuries.
To have a valid case, you must establish:
- Duty of Care: The property owner or occupier had a duty to maintain the premises in a safe condition.
- Breach of Duty: The property owner or occupier failed to fulfill their duty of care by either creating a hazardous condition or failing to address an existing one.
- Causation: The hazardous condition directly caused your slip and fall accident.
- Damages: You suffered injuries and damages as a result of the accident.
If you can prove these elements, you can have a valid slip and fall case and be entitled to compensation. However, while these elements might seem obvious to you, proving them in a legal case requires more than your word. You cannot simply state your account of a property hazard and expect a successful lawsuit.
Instead, your slip and fall lawyer will build your case through evidence and legal arguments based on the laws of your jurisdiction.
Common Evidence in Slip and Fall Lawsuits
After your slip and fall lawyer files your lawsuit, they must follow complex procedures. One key phase of litigation is the discovery phase, which allows each party to collect and exchange evidence. Your lawyer can request evidence from the property owner or business to prove your negligence and liability claims.
Some evidence that can help prove slip and fall lawsuits includes:
- Video footage of the accident
- Photos of the accident scene and property conditions
- Witness accounts
- Accident reports from the incident date
- Any correspondence informing the owner of the hazard before the accident (if applicable)
- Property inspection and maintenance records
- Staff protocol and assignment records for stores and businesses
The evidence necessary to prove liability will vary from case to case. Still, a skilled slip and fall attorney will know how to present the strongest possible case in favor of liability for your accident.
What is the Point of Filing a Slip and Fall Lawsuit?
Slips and falls happen regularly, and many consider them relatively minor incidents. So, why do you need to take this type of matter to court?
Slip and fall injuries can result in surprisingly costly medical bills, lost income, and significant pain and suffering. If you suffered an injury in a slip and fall accident due to someone else’s negligence, you might have more substantial losses than you can imagine.
Filing a slip and fall lawsuit first allows you to seek compensation for your medical expenses. These accidents can lead to a range of injuries, from broken bones to head trauma, and the medical bills can quickly add up.
By pursuing a lawsuit, you give yourself the opportunity to be reimbursed for these expenses, including hospital stays, doctor visits, surgeries, medications, and rehabilitation.
Lost income is another important aspect of filing a slip and fall lawsuit. If your injury caused you to miss work or affected your ability to earn a living, you can seek compensation for your lost earnings.
This can provide the financial support you need to cover your bills and expenses while focusing on your recovery.
In addition to financial losses, pain and suffering is also a significant consideration when pursuing a slip and fall lawsuit. Your injuries can cause physical pain, emotional distress, and a decrease in your overall quality of life.
Compensation for pain and suffering can help alleviate some of the hardships you have endured.
If insurance companies refuse to cooperate out of court, you want an attorney willing to do what it takes to seek full financial recovery, including litigation. In these cases, filing a slip and fall lawsuit can obtain the compensation you deserve from liable parties.
Contact a Slip and Fall Attorney Near You Today
After a slip and fall accident and injuries, never wait to consult a personal injury attorney. They can assess the strength of your case and determine the best avenue to seek compensation. Get a free case evaluation and take your first step toward financial recovery after your unexpected injuries.
