When you slip and fall on someone’s property, you might be in a legal position to recover some compensation under premises liability. However, to do so, you must prove that the property owner was responsible for your slipping and falling. Slip and fall accidents can occur in multiple settings, including parking lots, department stores, and staircases, among others. Similarly, these accidents may cause sprains, broken bones, spinal injuries, and even concussions.
Therefore, based on your injuries, you might require extensive medical treatment, face an extended period of being unable to work, and suffer significant financial losses. You can recover these losses through personal injury lawsuits. Winning a slip-and-fall lawsuit can be easy if you have a good lawyer on your side. In this article, we shall examine the major factors that you must consider before filing a lawsuit.
These factors include the following:
One, proving liability and negligence
Before filing a slip-and-fall lawsuit, you must establish that the property owner had something to do with the accident. The property owner must keep it safe and free of conditions that may be dangerous for other people. That is, owners or property occupants are responsible for remedying conditions that may cause an immediate threat to the well-being of others.
For example, if the staircase is broken, the property owner must repair it so people stay safe from slipping and falling while using the stairs.
If the owner is ignorant of their repair duties and, as a result, you slip and fall, you might be within your legal rights to sue them for negligence and recover compensation for your injuries. To win a slip-and-fall lawsuit, you must prove liability to the property owner or occupier when the accident happened.
Two, proving damages
Although establishing liability is essential, more is needed to win a slip-and-fall lawsuit. Therefore, you must prove that you suffered actual damages from the fall. To prove damages following a slip and fall accident, document all the related records, including consultation, surgery, and admission.
Additionally, document all lost wages, pain, and suffering resulting from the accident to clearly understand all damages and long-term impacts of the injuries to your life. This information will also help you determine a reasonable compensation amount for all your losses and suffering.
Therefore, documenting medical records and lost wages is paramount in slip-and-fall accident cases.
Three, consider the statute of limitations in your state
When you intend to pursue a slip-and-fall lawsuit, you must do so promptly. Why? Because a statute of limitations locks you out of filing a lawsuit if you wait too long. Although the statute of limitations varies depending on your jurisdiction, in most cases, the period ranges between two to four years after the occurrence of the accident. Therefore, you should move fast to file the lawsuit before the deadline to receive compensation for your losses following a slip-and-fall accident as a result of someone else’s negligence.
Overall, slip and fall accidents result in frustrating injuries with a long-term influence on your life. However, before filing a slip-and-fall lawsuit, you must consider these crucial factors to succeed. Firstly, you must prove that the property owner or current occupier is responsible for the accident. Secondly, you must also prove the damages you suffered from the slip-and-fall accident. Finally, you must be familiar with the statute of limitations in your jurisdiction to ensure you file your lawsuit before the time limit elapses.
When carefully considering the above factors, you will improve your chances of succeeding in a slip-and-fall lawsuit.