When you are on the job, no matter what kind of work you do, there is always a risk of injury. If you slip and fall at your workplace and get hurt, you must be able to prove that the company was negligent in order to successfully get compensation for a serious slip-and-fall accident.
Here are some essential things that will help increase your chances of winning an accident lawsuit.
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Proving It Was Not Your Fault
The first thing you need to prove is that it was other people’s fault for causing the accident. The most common way to do this is by showing evidence of a hazardous condition in the area where you slipped and fell, such as an uneven floor or slippery surface.
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Proving Negligence
The second thing you need to prove is that your employer or property owner was negligent. This means they knew about the hazard but did not address it before your accident happened, and this negligence caused you injuries.
You can prove this point with evidence such as testimony from eyewitnesses (if there are any), photos or videos of the area where you fell and more documentation like phone records. If possible, take a video on your mobile device while walking around for proof in case someone else would try to claim it’s fake later on.
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Liability Of The Defendant
The liability of the defendant is usually determined by whether they have accepted responsibility for what has happened to you. If you fall due to a failure on their part, then they are liable.
This could be because they were negligent and failed in their duty of care towards other customers or your accident was foreseeable. Therefore, there should have been better measures taken against it happening- such as installing anti-slip mats where water can form.
If this is not true, however, then there may still be grounds for a claim if:
* The injury would have been avoided with reasonable competency (e.g., improved lighting)
* There has already been previous accidents at the same location
* You were arguably at your most vulnerable at the point of injury
* The loss or damage was foreseeable and/or could have been avoided by preventative measures.
Since there are no guarantees, it is essential to gather as much evidence from eyewitnesses and CCTV footage before trying to pursue a claim. Without this, you may not be able to provide enough evidence for any claims whatsoever – let alone win one.
Compensations Available In Slip And Fall Cases
In most cases, a property owner or occupier is required to compensate the victim for any injuries sustained as a result of slipping and falling.
Compensation may include medical expenses, emotional trauma, pain and suffering, loss of wages/earnings due to injury-related disability, death benefits if applicable, etc.
The only exception would be in cases where it can be proven that the plaintiff intentionally inflicted harm on themselves through their own negligence (such as driving while drunk).
How Long Should You File A Claim After A Slip And Fall Accident?
If you have a slip and fall accident, it’s important to file your claim as soon as possible. Waiting too long may impact the amount of compensation you can get for your injuries. For example, if you wait three months before filing, that time will be subtracted from the statute of limitations in most states, which is usually two years but could also be one year or less depending on state law.
After you’ve filed your claim with an insurance company or third-party administrator (TPA), there are other steps they’ll take to investigate what happened leading up to the injury if necessary. They might ask for medical records and police reports related to the incident so their investigators can look into how it occurred and whether liability should go to the defendant or some other party.
Conclusion
If you are an individual who has been injured in a slip and fall accident, it is important to know your rights. Slip and falls can lead to physical injuries as well as psychological trauma. Seek legal advice if the owner of the property refuses to take responsibility for your medical bills or any other damages resulting from this incident.