If you or a loved one suffered harm in a slip-and-fall accident, you may be wondering what you are supposed to do next. Specifically, you may want to know about the legal options you have and how you can prove fault in a slip-and-fall case. Unfortunately, proving fault is not always easy. Yet, if you want to have a solid chance of recovering financial compensation for the harm you sustained, it is important to understand how you need to show this liability.
That is why in this blog post, we will go over these slip-and-fall accidents and help you understand what you need to do to prove damages.
What Exactly Is a Slip-and-Fall Accident?
Slip-and-fall accidents generally result when an individual slips, trips, or falls and is harmed on another individual’s property. These cases tend to fall under premises liability claims and often occur on a property owned or maintained by someone else. As a result of this injury, the property owner can be held accountable for the damages that result.
Property Conditions That You Can Include in Your Slip-and-Fall Accident Claim
There are often numerous dangerous conditions on a property that can result in significant harm to others on the property, including:
- Uneven or cracked floors
- Wet or slippery floors
- Broken stairways
- Inadequate lighting
- Loose rugs
- Potholes in the road or sidewalks
- Other obstacles that can cause these dangerous accidents
It is recommended that property owners use reasonable care to fix or remove any of these dangerous conditions. Not doing so can result in them being held liable for the harm that results.
What Types of Compensation Are You Entitled to in a Slip-and-Fall Accident Lawsuit?
If you have been harmed in a slip-and-fall accident because of another person’s wrongful actions, you may be entitled to compensation for your injuries. This compensation can include the following damages:
These damages refer to the actual and verifiable losses that result from an accident. They include:
- Medical bills including past, current, and future medical expenses such as doctor visits, emergency room visits, prescription medications, surgeries, labs, and even medical assistive devices
- Lost wages
- Lost earning capacity
- Personal property damages
- Rehabilitative services
- At-home nursing care
- Other out-of-pocket expenses
These damages refer to the subjective losses that result from an accident and are often difficult to quantify. They include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Loss of a limb
However, the best way to determine what compensation you may be entitled to is to speak with an experienced personal injury attorney. These lawyers can review your claim and figure out what damages you can pursue.
How Do You Prove Fault in a Slip-and-Fall Accident?
Generally, to determine liability in a slip-and-fall accident, the victim must show that the cause of the fall was a hazardous condition that the owner of the land knew of. In addition, this condition must create an unreasonable risk of harm to those on the property, and it must have been a condition that the victim could not have been aware of. Plus, the victim must show that:
- The owner produced the dangerous condition
- The owner knew of the dangerous condition and failed to correct it, or
- The dangerous condition existed for such a length of time that the owner could have fixed it before the accident occurred
Additionally, it also must be foreseeable that the property owner’s negligence would have created the danger at issue. However, because of these tedious legal nuances, after your slip-and-fall accident, you should speak to an experienced personal injury accident attorney as soon as possible. These lawyers can promptly get to work gathering the evidence needed to prove these unique elements.
What Type of Evidence Is Required in a Slip-and-Fall Accident Claim?
To have a strong slip-and-fall case, you will need to provide clear and compelling evidence showing not only fault but the extent of your damages. That is why it is often in your best interest to collect the following documents after your accident:
- Your medical bills and records
- Your receipts of any out-of-pocket costs you endured because of the accident
- Any accident reports
- Any witness statements
- Any security footage of the accident
- Photos of the dangerous condition that caused your harm
Following a slip-and-fall accident, it may be difficult obtaining all of this critical evidence. Fortunately, with an experienced personal injury accident lawyer on your side, they can take on this investigation process for you, allowing you to focus on what matters most, your recovery.
How Can an Experienced Personal Injury Attorney Help You After a Slip-and-Fall Accident?
If you have been harmed in a slip-and-fall accident, you need experienced legal help on your side. Once retained, these lawyers can:
- Determine if you have a valid injury claim and help you understand the legal options you can pursue.
- Answer all of your questions and concerns.
- Investigate your slip-and-fall accident and secure evidence required to prove fault and damages.
- Handle all the negotiations with the other side and go after a fair settlement.
- Take your case to trial and fight for maximum damages.
Get the Help You Need for Your Slip-and-Fall Accident Claim with One of Our Attorneys
If you or a loved one was injured in a slip-and-fall accident because of another person’s wrongful actions, do not wait any longer to seek legal help. Instead, contact Pacific West Injury Law today for a free case consultation and let our attorneys show you what we can do for you.