8 Things To Know When Filing A Slip And Fall Lawsuit
If you believe you have reasonable cause to file a slip and fall lawsuit, you probably have a lot of questions about the legal options and what this process will look like.
Your first step is finding the top personal injury lawyer who can take your case. You have come to the right place for that!
In addition, if you have been injured on the job or in a public space and you want legal representation in order to move forward, there are some things you should know.
Before filing a slip and fall lawsuit, be aware of the following eight things.
1. You Must Prove Liability
This is one of the most important and most difficult things in slip and fall lawsuits.
In order to win the lawsuit, you will have to prove that the responsible party (like the property owner or your employer) is liable for your fall.
On top of proving that the accident was not your fault, you’ll have to show that the defendant acted in a negligent way, and these actions led directly to your accident.
You will have to show, for example, that the property owners were aware of hazardous conditions but did nothing to stop or fix it.
2. The Defense Has the Evidence
Remember, when it comes to a slip and fall case, the defense is the one with the evidence.
They are the ones who have the property where you fell or the substances that you slipped on. This may not make a difference for your case, but it is important to keep in mind.
3. It May Take A Long Time
In many cases, it can be difficult to prove your case. Demonstrating to a judge that the property owner was aware of the hazard but did nothing to stop it can be harder than it sounds.
Don’t worry if your case will take a long time to get through court. As long as you have a solid case, it will be worth it in the end. Ideally, you will receive compensation for the damages caused to you and will be repaid for any medical expenses or lost time at work.
As long as you file the lawsuit on time, you don’t need to worry about how long the case will take in a trial.
4. You’ll Hear the Word “Reasonable” A Lot
When settling a slip and fall lawsuit, you will get used to hearing the word “reasonable” thrown around.
For example, you will have to prove that the property owner or employer failed to act as a “reasonably” prudent person.
If they are to be found negligent, you must prove that they are liable for the damage caused to you because they failed to act in a reasonably prudent manner. You cannot place over-the-top expectations on them to try to prove that they failed to go above and beyond to prevent an accident.
You must decide whether the party responsible acted reasonably or not. This can make or break a slip and fall case.
5. You Must Prove That It Wasn’t Your Fault
In the case of a slip and fall accident, one of the biggest things you’ll have to prove is that the accident wasn’t your fault.
If you share any of the blame for the accident, it will affect your ability to receive compensation for the accident. For example, if you were distracted while walking or even texting on your phone, the defense may try to show that the accident was partially your fault.
If you are considering filing this type of lawsuit, this is just something to keep in mind. The details of your accident make a huge difference in the success of this kind of claim.
6. You’ll Help Prevent This Accident in the Future
You should feel good about pursuing a slip and fall lawsuit. If you are successful, you may eliminate the hazardous condition and prevent someone else from having the same unfortunate experience in the future.
If for nothing else, this is a good enough reason to file a slip and fall lawsuit. You may not be able to change what happened to you, but keeping others out of the same trouble should make you feel good.
You can save someone a lot of pain and heartache–and you may even prevent a death– if the person who fell were to be elderly or particularly at risk.
7. There May Be a Time Limit
If you are injured in a slip and fall accident, you should be aware that it is not in your best interest to prolong filing a lawsuit.
There is a time limit on personal injury lawsuits. Generally, the timing starts when your fall occurs. Every state has different rules, but many of them only allow two years to file a claim and in Louisiana, it’s only one!
The law will differ depending on where you live, but if you are considering filing a slip and fall lawsuit, do it quickly. Time is of the essence.
8. You May Win Big
Of course, if all the right factors are in place, you may win big in a slip and fall lawsuit.
The point is not to win or make out with a large sum, but these things can greatly aid in your recovery as you move on from the life-changing accident.
Included in a compensation package for winning could be repayment for your medical expenses, money to make up for lost time at work or even disability, and even a sum to make amends for your pain and suffering.
Need Help Filing A Slip and Fall Lawsuit?
If you’ve fallen and it wasn’t your fault, Stephen Babcock is standing by to help you.
Your case — and your future will be our top priority. When we meet with you, we will review your case with you for free and after you hire us you will have Stephen’s 100% Client Satisfaction Guarantee.
If you have any questions about this article or want to visit with a lawyer for free, call Stephen at (225) 500-5000 or contact us here.
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