Establishing Fault in a Slip and Fall Injury Claim
- February 01, 2021
Accidents can happen anytime may it be at work, on someone else’s property, in the streets—literally anywhere. Although considered unintentional, at times, it’s a result of someone else’s negligence. For example, a slip and fall could’ve been avoided at work if only the company has exercised strict adherence to safety protocols. And since accidents may cause trouble financially and reduce your quality of life, in one way or another, someone must be held reliable for your sufferings.
If you’re here reading this article, you might have suffered physical trauma and in need of help. Let us guide you on how to take things forward legally. If you have no idea where to start, read along as we will cover important methods on how to determine liability and establish fault in a slip and fall injury claim so you may potentially win your case.
The Parties Involved
Before anything else, let’s get to know the parties associated with a lawsuit. Normally, there are four people involved in a personal injury claim:
- The liable - the one who contributed to the accident.
- The plaintiff - the injured party
- The liable’s insurance company - the one accountable for covering the damages.
- The plaintiff’s lawyer - the injured party's representative.
Determining Negligence & Liability
Now that you’ve finally decided to fight for your rights, you might be wondering, how do you establish negligence and liability on the other party? Take a look at the statements below. For you to prove the other person’s accountability, the following must be confirmed by the victim:
- The property owner or the representative recognized the hazard risks of the area but failed to take proper action to prevent mishaps.
- The property owner or the representative contributed to the dangerous situation and failed to correct the perils in the area.
All property owners are expected to assume a sense of responsibility in keeping their grounds safe and free from potential danger. In a company setting, organizations must follow safety precautions and procedures should accidents arise.
As a natural response, the liable party will refer to the plaintiff as partly accountable for the accident. Whenever proved as valid, this will ultimately affect the ability to claim compensation. To check whether the plaintiff could be held liable for the incident, the following questions should be pondered on:
- Is the plaintiff negligent in determining the pending hazard?
- Is the plaintiff legally allowed to be in the area of the incident?
- Did the plaintiff ignored the presence of warning signage and failed to undertake safety measures?
Due to the complexity of the situation involved, hiring a dedicated and empathic Certified Civil Trial Attorney will be your best bet. With over 26 years of experience handling personal injury cases, our team at Selem Antonucci Law will be ready to give you the best outcome.
Common Types of Slip and Fall Cases
Slip and falls may happen in various scenarios. The ones listed below are the commonly reported slip and fall cases:
- Slippery floors
- Unsteady or uneven surfaces
- Leaks or spills
- Poor lighting
- Tripping hazards
How Compensation Works
The physical injuries and emotional trauma incurred during an accident will affect your overall health. It also has the potential to influence your future condition. All these are due for compensation once you have successfully established the other party’s liability on the damages you have sustained.
The possibility of getting a poor settlement is also imminent unless you get yourself a highly experienced and reliable lawyer who understands the struggle of being in a difficult situation and fights for a case like his own. Do not take chances when it comes to settling legal challenges, explore your options and be guided. Obtain the best personal injury lawyer for your claim.
What to do After a Slip and Fall Accident
- Seek immediate treatment.
Health is always a priority. So before anything else, see to it that you have consulted a physician. The doctor will check your health status, document the findings (which will be helpful for your case), and recommend further treatment whenever needed.
- Report the situation.
Give an accident report to the person in charge so they may be aware of the incident. If another personnel was assigned to do the report, secure a copy.
- Document and safe-keep your records.
Take pictures of where the accident happened, including images of bodily injuries. If you were treated as an out-patient or admitted to a hospital, collect all your medical bills with corresponding receipts.
- Preserve any form of evidence.
The clothes and accessories you wore during the time of the accident should be kept in a storage bag as this will serve as evidence. Make sure that these will be left unwashed and untouched.
- Avoid sharing statements and comments with anyone.
Avoid sharing information with other people until you have consulted a lawyer. This includes social media as this can be used against you.
What You Should NOT Do
- Failing to seek legal support.
We understand how troublesome things can get when facing legal trials. The cost of hiring a lawyer often prevents the victim to seek proper assistance, leading to poor compensation—or worse, failed claims.
Here at Selem Antonucci Law, we’ll gladly listen to your situation through a risk-free consultation. Give yourself the chance to get the best settlement for your case. Talk to our compassionate and expert lawyers and know how you can file your case without having to undergo a financial burden.
- Disclosing sensitive information to insurance companies.
Some people trust insurance companies thinking that their purpose is to provide financial support and security to the victims. Although partly true, this isn’t mostly the case.
If the insurance requests for a copy of your statement, do not give them the advantage by sharing the financial information with them. The document can be used as evidence proving that you don’t deserve full compensation.
Hire the Best Representative
Thinking which attorney can fully represent your case? The team at Selem-Antonucci Law got you covered.
Stacey Antonucci, a Certified Civil Trial Attorney, and Dennis Baptista, a Certified Workers Compensation Law Attorney have served the needs of the community and those sustaining injury either as a result of the negligence of others or in the workplace, for over 26 years. They are the best representatives suited for your case—experience, knowledge, and support wise.
Both Stacey and Dennis are dedicated to superior client communication, ensuring that each client receives maximum compensation for the harms and losses they have sustained. Give them a call at (908) 747-4477 or schedule your in-person or virtual consultation. Act now and get that well-deserved compensation!