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Slip-and-fall accidents are among the most common types of personal injury claims. They can happen anywhere, at any time, and to anyone. While most slip-and-fall accidents are minor, some can result in serious injuries, and even death. If you have been involved in a slip-and-fall accident, you may want to know whether you have a case, and if so, how hard it will be to win.
The most difficult part as a plaintiff is proving that the defendant was negligent in failing to maintain his or her property in a safe condition. The plaintiff must also prove that the defendant knew or should have known of the dangerous condition but failed to take action to fix it. Backing up your assertions can take plenty of hard work by gathering evidence.
You may be entitled to compensation if you have been injured in a slip-and-fall accident. The experienced personal injury lawyers at Judd Shaw Injury Law can evaluate your case and help you recover damages.
Contact us today at 732-888-8888 for a free case evaluation. Our legal team is available 24/7 to help you begin the process of making a claim.
Slip and Fall Injuries are Common
According to the National Safety Council, over 211,000 people who fell at work were hurt enough to require days off work to recover. 805 workers passed away from their injuries. The NSC even reports that falling injuries can happen anywhere, even at a desk job. Falling is the second-leading cause of unintentional injury-related deaths.
What Makes Slip and Fall Injury Cases Hard to Win?
Slip and fall cases are notoriously difficult to win. The reason is that in many cases, no one seems to be at fault for such an accident. It can be an unfortunate event that happened due to circumstances beyond anyone’s control. This makes it very difficult to prove that someone’s negligence led to your injuries.
Additionally, even if you can prove negligence, the property owner may still argue that you were partially to blame for the accident. You can expect the other party to challenge your claims and look for any reason, big or small, to avoid paying damages.
For these reasons, it is important to consult with an experienced personal injury attorney if you have been injured in a slip-and-fall accident.
Figuring Out Who is Responsible Matters
There are many possible causes of slip-and-fall accidents. Your fall could have been a result of poor weather conditions, a dangerous or slippery surface, or even something as simple as wearing the wrong shoes.
However, the most important factor is always the individual who was involved in the accident. If that person had been inattentive or otherwise careless, then he or she is likely to be held responsible for the accident.
On the other hand, there may be enough evidence available to prove the other party is at fault. This means the plaintiff was injured by the negligent actions of another person and not by his or her own actions. In this case, the plaintiff can make a compensation claim against the negligent property owner.
Proving Negligence in a Slip and Fall Case
If you’ve been injured in a slip-and-fall accident, you may be wondering how to prove that the property owner was negligent. You will not be able to just make a claim without evidence on your side.
Here are a few things to keep in mind:
- Property owners have a duty to keep their premises safe for visitors. This means that they must take reasonable steps to prevent accidents from happening.
- You will need to show that the property owner knew or should have known about the hazard that caused your accident. For example, if there was a wet floor without warning signs around, then the property owner may be held liable.
- You will need to show that the property owner’s negligence was the cause of your accident. This means that you would not have been injured if the property owner had taken the necessary precautions.
- You will also need to show that your injuries resulted in some type of damage, either physically and/or monetarily. Without proof of both injuries and financial loss, you cannot sue for compensation.
What Type of Evidence Can Help Win Your Case?
There are a few things that you can do to improve your chances of winning a slip and fall case.
- Make sure that you take pictures of the scene of the accident and get the contact information of any witnesses.
- Get medical attention as soon as possible so that there is a record of your injuries from the very beginning.
- Contact an experienced personal injury attorney who can help you navigate the legal process and build a strong case.
An experienced attorney will have litigated many slip and fall cases before. He or she will know exactly how to find and present the required evidence in a convincing way.
Here is a list of some of the types of evidence your personal injury attorney may gather:
- Medical records
- Witness statements
- Photos and videos from the scene
- Safety inspection reports
- Expert testimony
Damages You Can Receive After a Slip-and-Fall Accident
The biggest question you might have is whether you can collect damages in a slip-and-fall accident. Here are some of the most common types of damages that are awarded in slip and fall cases.
Medical expenses
Medical expenses are one of the most common types of damages awarded in slip and fall cases. These can include the cost of hospitalization, surgery, physical therapy, and any other medical treatment.
Lost wages
After being injured in a slip-and-fall accident, you may also be able to recover damages for lost wages. This is because the accident may have caused you to miss time from work, which means missed paychecks.
Pain and suffering
Another type of damage that is often awarded in slip and fall cases is pain and suffering. This is non-economic, or not easily quantifiable in terms of money. However, this repercussion can be significant and is often taken into consideration when awarding damages in these cases.
Punitive damages
In some cases, punitive damages may also be awarded. These are designed to punish the liable party but are usually only given in cases where the defendant’s actions were nefarious in nature.
You Should Hire a Slip and Fall Attorney
If you have been injured in a slip-and-fall accident, your devastating injuries may keep you from enjoying your life. Hiring a slip and fall attorney, though, can help you recover damages. These types of accidents can be complex, and an experienced attorney can help you navigate the legal process.
While you may think you can represent yourself, the problem is that you may not be able to obtain the same outcome as you would if you hired an experienced attorney. In addition, even if you can represent yourself, the process will likely be much more stressful and time-consuming than if you had retained an attorney. Experience the Judd Shaw Way first-hand by contacting our team of experienced attorneys right away.
Contact us at 732-888-8888 for a free consultation. You can even fill out the form on our website or send a message to a live agent available 24/7. We’re always available to help answer any questions you might have. We also offer a No Fee Guarantee® to give our clients financial peace of mind during this difficult time.