Should I settle my slip-and-fall claim?

The vast majority of civil lawsuits will settle without ever going to trial. The amount of the settlement will depend on a variety of factors. Below are a few steps you can take that can help you strengthen your case and improve your position in negotiations:

1. Establish that your injuries were caused by the condition

The “causal link” means proving that your fall actually caused the injuries you sustained, and that can be challenging. One way you can do this is to talk to your physician about your accident. You can explain to your physician that you have a claim, and it would help you resolve the claim if your doctor provided a letter that described what injuries can be linked to the fall.

2. The property owner had “notice” of the dangerous condition

In order to win your claim, you will have to prove that the property owner had notice of the condition that caused you to slip and fall. The following three ways can help you establish that the property owner had notice:

Sworn Testimony: If someone else is aware of the condition, how long it existed and is willing to say they knew about the condition on the record.
Video Surveillance: The video may show how long a hazardous condition existed on an owner’s property.
Incident Reports. An incident report usually describes what happened, how it happened, who witnessed it, etc.
Document your injury

Be sure to obtain names of witnesses or people you have spoken to as it relates to your injuries. Photographs of the area where you fell taken soon after your fall can also be helpful.

3. Obtain medical care promptly

See out treatment for injuries promptly. Prompt treatment helps you and also helps to document what happened to you.

4. Document expenses you have incurred

Keep track of expenses you incur related to the injuries you sustained from your fall. You are not likely to receive compensation for an undocumented expense.

3. Be honest

Don’t minimize or exaggerate your injuries. It is important to describe your injuries accurately.

4. Hire an experienced attorney

At Polito & Harrington, we offer personalized, and attentive service while handling your slip & fall injury case in CT & RI and in the tribal courts at Foxwoods and Mohegan Sun. Your case will be handled directly by CT & RI personal injury lawyers, Humbert Polito or James Harrington. You will always be able to talk with your Waterford – New London, CT injury lawyer when you need to. We will work hard to hold people and companies responsible for injuries caused by their carelessness.

To schedule a free consultation at Polito & Harrington in Waterford, Connecticut to discuss slip and fall litigation, call 1.860.447.3300.

Sources

https://www.nolo.com/legal-encyclopedia/slip-fall-accidents-proving-fault-29845.html

https://injury.findlaw.com/torts-and-personal-injuries/proving-fault-in-slip-and-fall-accidents.html

https://www.nolo.com/legal-encyclopedia/tips-settling-slip-fall-claim.html

https://www.nolo.com/legal-encyclopedia/slip-fall-claims-premises-liability

https://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall.html

https://www.alllaw.com/articles/nolo/personal-injury/prove-win-slip-fall-claim.html

https://www.alllaw.com/articles/nolo/personal-injury/stores-liability-slip-fall-accidents.html