Slip and fall accidents accounted for 26% of all workplace injuries reported to the U.S. Bureau of Labor Statistics, and they are one of the top three preventable causes of fatal injuries, believe it or not.
When an accident occurs, you may experience confusion and distress.
You may be confused about who is to blame or what to do next. If you are in distress and if you’re feeling lost and confused about what to do next – this article is for you. In fact, we will help you understand when the right time to pursue a lawsuit is, depending on your specific case.
Legal Insights for Slip and Fall Victims: When to Pursue a Lawsuit
1. Have a good team of lawyers who can help your case
Situated in Miami, Florida, Calil Law, P.A. extends exceptional legal advocacy. Their objective revolves around ensuring that those answerable for your injuries are held liable. Slippery and stumbling incidents take place across various settings and frequently lead to significant harm. Regrettably, a portion of these mishaps occurs because of the carelessness exhibited by property owners or proprietors. Should you find yourself as a casualty of such an event, you possess the entitlement to pursue fairness. Thanks to their extensive knowledge of personal injury and premises liability law, you will have a clear case!
2. How much your slip and fall case is worth?
The worth of your case depends on a variety of factors, including:
- Your compensation will be less if you share the blame for the accident with the other person
- The state of your wounds plays a role
- How your pain and suffering are measured by the insurer if your injury prevents you from working
PS: You can receive an offer that is 1.5 to 5 times the cost of your medical bills and lost pay. Others use a per diem approach, paying you a set amount (usually equivalent to a day’s pay) for each day that your discomfort persists.
3. Prepare your evidence and understand how to pursue a lawsuit
The following categories will include your incident’s evidence:
- The root reason for your fall was:
- To determine whether someone’s negligence contributed to the slip and fall, make sure you capture everything that caused the fall.
- Witnesses: Witness declarations can bolster your claims and ensure you receive proper compensation. Request their contact information as well as, if possible, a video testimony detailing what they witnessed during the incident.
- Take pictures and videos of it. You can document your injury with photos and videos to show when and how it happened. Request access to any surveillance footage that might be able to capture the incident clearly.
4. When to pursue a lawsuit
There are several reasons why someone may trip, slip, and fall to the ground. Such disasters can surely happen anywhere and at any time, especially when a house owner or landlord is careless with upkeep. The following are some other ways a slip-and-fall mishap could occur:
- Indoor or outdoor imperfections
- Holes in the ground
- Snow and rain
- Raised carpets
- Awful terrain
Some portions have low lighting, making it difficult to see clearly. It is always better to be safe than sorry and to check your surroundings and your next step.
5. When is a property owner liable?
The majority of slip-and-fall accidents on other people’s property are the result of carelessness on the part of the property management or owner.
The Occupiers’ Liability Act will be seen by slip-and-fall injury attorneys as the first step.
The viability of a slip and fall injury claim depends on whether the disputed property owner is subject to the Act’s duty of care.
A personal injury attorney is the ideal person to read this Act and assist you with your claim.
When assessing who should be held liable in a slip-and-fall case, a court will consider the following:
- The possibility of danger
- The actions of the occupier in maintaining the property and the actions of the injured party
- Because no slip-and-fall case is simple (or same), it is critical to seek the legal advice and knowledge of a slip-and-fall attorney
6. Figure out your case by speaking to the Insurance company
After a slip-and-fall incident, the insurance company for the defendant will most likely get in touch with you and try to get you to give a recorded statement. If you are hurt on the insured’s property, insurance companies may pay you compensation; but, adjusters may hunt for any excuse to deny or reduce your reimbursement. Importantly, an insurance provider is not permitted to contact you directly once you have legal representation.
7. So, when should you sue?
To evaluate if it is worthwhile to initiate a case, you must submit answers to three critical – and self-evident – questions: Do I have a strong case? Is it possible for me to go to mediation or strike a compromise settlement? Can I be compensated if I win a case? Do you like your answers, and does it seem like you have a strong case?
Whether you are eligible for slip and fall compensation depends on liability. If you slip and fall as a result of someone else’s negligence, you have a right to compensation, even though the type of your injuries may affect the sum of money given in slip and fall settlements.
Payments for slips and falls require proof that the property owner failed to take reasonable efforts to prevent harm. Let’s say you go shopping at a store where the icy sidewalks haven’t been treated. You slide off the ice. In this case, your legal team would demonstrate that the owner of the building or the store management had a duty to ensure safe access to their property and had fallen short of that duty. This is why, and in most cases, you can build a case and have a successful outcome with your team of lawyers.