Thursday, August 18, 2022
Thursday, August 18, 2022
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Does a Slip and Fall Accident Require an Attorney?

by James Musoba
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A slip and fall accident may lead to a premises liability claim, and the defendant must prove they were not aware of the hazard that caused the accident. The cases apply to injuries that happen anywhere on the property, including driveways, parking lots, storerooms, and public bathrooms. Property owners owe visitors a duty to maintain safe properties that are free of hazards that cause accidents. By reviewing details about the cases, claimants can decide if they want to hire an attorney.  

Understanding the Victim’s Rights

In a premises liability case, the victim must prove they had a legal right to be on or inside the property. If a person enters a restricted area of the property that has signs present, the victim may lose their ability to file a legal claim.

If the person entered the property during non-business owners or without permission or authorization, the owner could file criminal charges for trespassing or breaking in. Before a victim starts a premises liability case, they need to discuss their case with Boohoff Law and identify their rights. 

What Evidence Is Required?

The claimant needs medical records that show they were injured and link the injuries to the identified event. Eyewitnesses or security surveillance footage must provide the same account as the victim’s testimony. The victim must notify the property owner about their accident and injuries before leaving the property.

Most business owners complete an incident report and contact emergency medical services when a customer is injured. If the victim received or was offered any compensation through the owner’s insurance, they must disclose this information to their attorney.  

Presenting a Claim to the Court

An attorney can help victims collect all the evidence they need for the claim, including sending a formal request for the client’s medical records. The lawyers understand what to say to the judge and how to present the case effectively.

A victim who takes on the task themselves won’t know what to ask the defendant or how to approach the case appropriately. The person could make mistakes that prevent them from getting compensation.  

Who Negotiates With the Defendant’s Insurer or Attorney?

While some victims could talk to the defendant’s insurer or attorney to settle out of court, the person could accept a low settlement unintentionally. An attorney can discuss the case with these parties and get a settlement that reflects all financial losses incurred by the victim.  

What Type of Damages Are Possible?

In a premises liability case, the victim may receive economic damages that reflect any financial losses related to their injuries, including medical expenses and lost wages. Unless the person sustains serious or permanent injuries, they may not qualify for non-economic or tort damages. An attorney can review all elements of the case and determine what type of compensation the claimant might receive if they win their case.  

Premises liabilities apply to all properties, and the claimant must prove that they had the legal right to be on or inside the property. The evidence must show that the property owner was aware of the hazard and chose not to correct it. The claimant needs medical records that show what injuries they sustained and how severe these injuries are. Calculations for all financial losses are a must for the claims to show the court what the victim lost because of the injuries. 

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