Slip & fall accidents can happen anywhere: on the sidewalk, in a store, or on private property. Depending on the nature of the accident, a slip & fall accident can cause varying degrees of harm, including severe injuries and fatalities. You may be entitled to compensation after sustaining an injury in a slip & fall accident caused by someone else’s negligence. Even so, you must demonstrate the careless action or inaction by the at-fault party that led to the accident.
You should, therefore, speak with a legal professional who can guide you in proving the negligent actions of the at-fault party. A Fort Lauderdale slip & fall lawyer can investigate the incident, gather evidence, and initiate a personal injury claim or lawsuit against the at-fault party.
How Do You Prove a Slip & Fall Case
A slip & fall accident can cause a life-altering injury or fatality. You, therefore, have the right to pursue compensation for these losses. Further, you must initiate a valid compensation claim to receive a fair settlement value.
The availability of evidence is the foundation of a personal injury claim or lawsuit that’s likely to succeed.
Here are different sources of evidence for proving a slip & fall case:
- Witness Statements: Eyewitness accounts are a source of evidence to support your version of events. Statements from individuals who saw the accident can provide valuable insight into what happened and who may be at fault.
- Photographs and Videos: In today’s digital age, capturing the scene of an accident through photos or videos can be invaluable. Visual evidence can illustrate the hazardous conditions that led to your slip & fall, such as wet floors, uneven surfaces, or poor lighting.
- Maintenance Records: Building maintenance records can reveal whether the property owner or manager failed to uphold their duty to maintain a safe environment. Documentation of repairs, inspections, and cleaning schedules can indicate negligence or inaction by the property owner.
- Incident Reports: If you reported the slip & fall accident to the property owner or manager, an incident report may be on file. An official document of the incident can provide details about the negligence and the property owner’s response, which can support your compensation claim.
- Medical Records: Seeking medical attention following a slip & fall accident allows a healthcare provider to initiate a treatment plan and document your injuries. Medical records, including diagnoses, treatment plans, and medical bills, can establish the extent of your injuries and the associated damages.
- Employment Records: Your work history and employment records can demonstrate the impact of your injuries on your ability to work. Pay stubs, employment contracts, and correspondence with your employer can support your claim for lost income and future earning capacity.
- Expert Testimony: In some cases, hiring expert witnesses, such as accident reconstruction specialists or biomechanical engineers, can strengthen your slip & fall case. These professionals can provide expert opinions on the cause of the slip and fall accident and the extent of your injuries.
- Surveillance Footage: If the slip & fall incident occurred in a public place or a location with security cameras, surveillance footage may capture the accident. This visual evidence can corroborate your account of the events and establish liability.
- Prior Complaints: Any prior complaints or incidents regarding hazardous conditions on the property can help establish a pattern of neglect by the property owner. Evidence of previous slip & fall accidents or safety concerns can support your negligence claim.
A slip & fall accident lawyer can use different sources of evidence to prove the extent of your injuries, the nature of your losses, and the impact on your life. Most importantly, they can use the strength of the evidence to negotiate for a higher settlement value.
How Much Do You Get for a Slip & Fall Case
Your probability of recovering from injury-related losses depends on the settlement value you receive in a slip & fall case. There is no average value you can receive in a slip & fall case. The outcome depends on the facts and circumstances of the case.
Here are the factors that influence the value of your case:
Severity of an Injury
The severity of an injury has an impact on the value of a slip & fall claim. The more severe your injury, the higher the potential value of your case. A victim of a severe injury is likely to incur hefty medical bills or endure a more extended treatment plan, necessitating a higher settlement value.
For instance, if you sustained minor injuries like bruises or scrapes that required minimal medical treatment, your case may not hold as much value compared to a situation where you suffered broken bones, a head injury, or permanent disability.
These more severe injuries may also worsen your mental health, require rehabilitation or ongoing treatment, and have a long-term impact on the quality of life. As a result, the compensation sought in these cases tends to be higher to account for the greater physical, emotional, and financial toll on the injured party.
Availability of Evidence
The availability of evidence has an impact on the value of your claim. The stronger the evidence you have to support your claim, the more likely you will receive fair compensation for your injuries and damages.
Having a skilled slip & fall attorney on your side can make all the difference in the outcome of your case.
From security footage to witness statements and incident reports, you should gather different sources of evidence to build a strong case. An experienced car accident lawyer can help collect and present evidence to strengthen your claim.
Shared Liability
The shared liability principle can impact the settlement value in a slip & fall accident claim.
Shared liability means that both parties involved share some fault for the accident. In slip & fall cases, this can mean that the property owner where the accident occurred and the injured individual both bear responsibility for the incident.
If it is determined that you were partially at fault for the accident due to negligence or carelessness, the compensation you are entitled to may be reduced.
For example, if you slipped and fell in a store due to a wet floor but were distracted by your phone and not paying attention to your surroundings, you and the store may share liability.
The value of your slip & fall claim may be reduced based on the percentage of responsibility assigned to you. For instance, if it is determined that you were 20 percent responsible for the accident, your compensation may be reduced by 20 percent.
The at-fault party’s insurer can use the shared fault principle to shift the blame to you. You should, therefore, work with a slip & fall attorney who can use evidence to prove you were not to blame for the incident.
Legal Representation
You’re likely to encounter resistance from the attorney of the at-fault party and their insurance providers. For instance, the at-fault party’s insurer may make a low settlement offer, hoping you’ll accept it without objections.
However, you can enhance the value of your claim by working with a slip & fall attorney.
Here’s how a slip & fall accident lawyer can enhance the value of your claim:
- Establishing the Value of Damages: A car accident lawyer can demonstrate the value of damages by thoroughly assessing all aspects of your case. They have the skills to calculate the various losses, including economic and non-economic damages, allowing you to receive a fair settlement value for your losses.
- Negotiating With Insurers: A car accident attorney is a skilled negotiator who can engage with insurance companies on your behalf. They know how far insurance companies are willing to go, allowing them to advocate for your rights. By negotiating from a position of strength, a slip & fall attorney can often secure higher settlement offers than individuals representing themselves.
- Representing You in Court: A slip & fall lawyer can litigate the matter if you don’t settle with an insurer. They will handle all aspects of the litigation, from gathering evidence to arguing your case in court, giving you the best chance of a favorable outcome.
Insurance Coverage of the At-Fault Party
The insurer of the negligent property owner is the source of compensation for the injured victim. If the at-fault party holds low insurance coverage, it can restrict the value you receive for your losses.
A slip & fall attorney can explore additional compensation options, including a personal injury lawsuit against the negligent party.
Can I Sue for a Slip & Fall Accident
You can file a personal injury lawsuit to receive damages for your injury-related losses.
Here’s why you may have a claim after a slip & fall accident:
- Negligence: Property owners must maintain safe premises. If they fail to address hazards like wet floors, uneven surfaces, or inadequate lighting, and you subsequently suffer an injury, you may have a negligence claim.
- Premises Liability: This legal concept holds property owners responsible for accidents on their premises. If the property owner knew about a dangerous condition and did not take steps to rectify it, they can be held liable for your injuries.
A slip & fall lawyer can file a personal injury lawsuit on your behalf, which allows for a neutral assessment of your case.
What to Do After a Slip & Fall Accident
After a slip & fall accident, your actions can enhance your wellness and protect your legal rights as an injured victim.
Here’s what you can do after a slip & fall accident:
Seek Immediate Medical Attention
You should seek immediate medical attention after a slip & fall accident, even if you feel fine initially. Symptoms of some injuries, including internal injuries, are not immediately apparent after the incident. A healthcare provider can reveal hidden injuries and initiate a treatment plan.
A healthcare provider will also document your injuries by generating doctor’s notes, prescription notes, a medical bill, and a diagnostic report. A slip & fall accident lawyer can use medical records to prove the extent of your injuries and their impact on your life.
A delay in seeking medical treatment can worsen your condition and potentially complicate your recovery process. An insurer may also question the severity of your injury if you delay seeking medical attention.
File a Police Accident Report
After a slip & fall accident, filing a police accident report is a positive step in protecting your rights as an injured victim. Not only does it provide an official record of the incident, but it also helps establish the facts surrounding the accident.
By having the police document the details, including the conditions that led to your fall, you strengthen your case and increase your chances of a successful claim.
Moreover, a police report can serve as valuable evidence when dealing with insurance companies or in a court of law. It adds credibility to your version of events and can prevent any disputes over the circumstances of the accident.
A slip & fall attorney can use a police accident report to prove the property owner’s negligence or demonstrate the severity of your injuries.
Get in Touch With a Slip & Fall Attorney
Warren Peebles, Fort Lauderdale Personal Injury Attorney
You should notify a slip & fall lawyer about your accident. They can evaluate the circumstances of the accident and determine if your case is worth pursuing. They will also guide you throughout the claim, allowing you to make decisions that protect your rights as an injured victim.
Many slip & fall accident lawyers work on a contingency fee basis, which means they only get paid after securing compensation or winning your case. You can receive legal representation without paying for the services out of pocket.
You can count on a slip & fall lawyer to handle the legal aspects of your claim as you focus on recovery.
Get the Deserved Compensation With the Support of a Slip & Fall Attorney
You’re likely to endure a lengthy treatment plan and inability to work after sustaining an injury in a slip & fall accident. You may also face resistance from an insurance adjuster who works hard to minimize financial liability. You can protect your rights as an injured victim by working with a legal professional. A Fort Lauderdale personal injury lawyer will use compelling evidence to pursue a fair settlement value that matches your losses.
Don’t delay, get in touch with a slip & fall lawyer as soon as possible.