If you have slipped on a patch of ice on your way to work or down wet stairs in an office building, you may be entitled to compensation from those responsible for keeping the area up to a certain safety standard. When deciding whether to file a slip and fall case, there are several factors to consider, such as the injuries sustained in the fall, where the fall happened, and under what circumstances you slipped. For help better understanding which slip and fall cases are useful to file, keep reading or contact us at LeBaron and Jensen.
What Is A Slip And Fall Case?
It is crucial to understand what constitutes a slip and fall case before going to court. A slip and fall case is simply a phrase used to describe a personal injury case in which someone got hurt after losing their footing on someone else’s property.
Slip and fall cases fall under the broader category of premises liability. Premises liability means that the owner of a property is liable for any injuries that are caused on the property by unsafe conditions. The claim that is usually made in a slip and fall case is that the premises were not property maintained by the owner, so therefore the plaintiff should be obliged to a payout for their injuries and lost wages. Essentially a slip and fall case is a negligence claim.
How To File A Slip And Fall Case
Of the different types of personal injuries cases, slip and fall cases are some of the more difficult to prove. That is why it is crucial to understand when and how to file the case. If you have sustained significant injuries, it is much easier to receive a settlement. However even with less serious injuries, there are several steps that you can take to help your case.
1) Go To The Doctor
If your injuries are severe, get to the doctor as soon as possible. When at the doctor, ensure that you describe what happened, so that the doctor can better help you as well as possibly be a secondary witness.
2) Record Incident Information
If possible, try to speak with people that were around you when you were injured. If you were with a companion, ask them to record a statement. If you are in a lot of pain, it would also be helpful for your companion to see if other people around you witnessed your fall and for their contact information. Take photos of the area where you fell as well as of any other things that could have contributed to the accident.
3) File A Report
The next thing to do after getting injured in a fall, is to speak with whoever is in charge at the establishment and file a report about the safety hazard. This could be a manager of a store, a landlord or owner of a business. The owners of the premises may not even be aware that there is a problem. Make sure to ask for a written copy of your report for further evidence of your claim.
4) Speak To An Attorney
The last step in your slip and fall case building checklist is to contact an attorney. Although slip and fall cases do not need representation in order to be filed, it is a good idea to speak to a personal injury lawyer in order to understand all sides of your case. Make sure to avoid giving a statement about your injury to the owners of the property when speaking with them about the safety hazard before you have spoken to your attorney. Also avoid giving a statement to your insurance company.
Still Unsure If You Should File A Slip A Fall Case?
Here at LeBaron and Jensen, we are happy to help you with any further questions you may have about your slip and fall case. We have several experienced and knowledgeable associates wanting to represent you and to advise you on your best course of action. Contact us today or set up a free case review.