You may be eligible for compensation through a slip-and-fall claim. You will need to prove that your injury was caused by the negligence or wrongdoings of another party. Slip-and-fall claims can be denied due to inability or lack of admissible evidence. These are the main challenges that you might face when trying to file a slip and fall claim.
Proving Liability
It can be difficult to prove liability in a slip and fall claim. There are several elements that you need to prove. It is necessary to prove that the property owner was aware of the dangers and did not fix them. This would include information about the time the problem was present, the date it was discovered, and the amount of time they had to correct it.
It is more difficult to establish liability because most states use the comparative negligence law. You could be denied compensation if the property owner claims your recklessness caused the accident. If your state follows the pure contributory negligent rule, the plaintiff is not entitled to compensation if they are jointly responsible for the accident.
You should also consider that there may be multiple parties liable in a case. Your first assumption would be that you are responsible for your injuries if the property owner is involved. The case may get more complicated if the property owner claims an employee or subcontractor caused the dangerous conditions.
Gathering Evidence
To prove fault in a slip-and-fall accident, evidence must be provided. This includes surveillance footage, photographic evidence and witness testimony. It can be difficult to gather evidence. Let’s say you were hurt in a slip and fall at a store due to a spilled substance. You didn’t take photos right away. It could allow the owner time to clean up the spillage and avoid any liability.
Eyewitness statements can be a significant evidence in your case. Failing to obtain the contact information for the eyewitnesses to an accident can make it more difficult for the defendant to stand in the slip-and-fall case.
It can be difficult to keep track of all your expenses after an accident. This is especially true when you are dealing with serious injuries. It is impossible to establish the facts of an accident without some evidence. If you don’t have this, it will make it easier for the other side to shift the blame and avoid paying your damages.
Dealing With the Insurance Company
The insurance company may use its legal resources to prove that you were partially responsible for the accident, even though you are the victim. The insurance company can avoid paying full compensation by using this method. Insurance companies are familiar with similar cases and can pressure you or trick your mind into accepting a low offer.
Insurance companies may also be able to take cases to trial in certain cases. They want the jury decide whether they are responsible for damages. Trials can be expensive and time-consuming and the verdicts may not always be what they are. Solid evidence and expert legal representation are required to convince the judge and jury that the injuries were directly caused by the defendant’s negligence.
Contact a Personal Injury Lawyer
An experienced personal injury lawyer can assist you in your slip-and-fall case in many ways. Personal injury lawyer Nunez recommends that your attorney hire expert witnesses to testify before the court in order to prove that another party caused your injuries. The negotiation skills of personal injury lawyers can be used to stop the insurance company from attempting to trick you into accepting a lower offer. They can also help you decide when it is best to settle and when it is better to go to trial.