Formulas in Determining Slip and Fall Cases

Formulas in Determining Slip and Fall Cases

You happen to injure yourself because you slip and fall while having your groceries. You might wonder if you have rightful reason to file a commendable claim against the entity or someone for the damages you incurred. This type of case falls under the "Premises Liability Law." In most cases, a lot of people wrongly believe that if they get injured in someone else's property, the insurance company of the person will be held liable for their lost wages, medical bills, and suffering and pain. The company will be obligated to pay for all the damages under a strict rules and guidelines. Here are the formulas that will help you determine when to file a viable claim.

1. If the cause of your fall and slip is a dangerous condition, then your claim is valid. Some of the dangerous conditions of this type of accident can be broken floor or tile, broken hand rails, wet floor, and inadequate lighting. Your personal injury lawyer has to establish that you tripped because of the dangerous condition that was left unattended by the property owner.

2. To get a successful slip and fall claim, you have to prove that you had an accident due to the dangerous condition in the premises of the defendant and you also have to prove that the defendant knew or have known on the dangerous conditions in his/she place. You will be able to strengthen your case if you have witnesses to prove that the condition of the premises is really dangerous for any person.

3. The element in this case is very obvious. It means that there is no case unless there are damages and injuries to discuss. This case is difficult to pursue that is why most lawyers do not handle this case in a contingency fee basis. If the damages are reasonably significant like a bone fracture or torn tendon, only then lawyers will accept the case on the contingency basis. You have to remember that injuries in the soft tissue seldom result to monetary compensation. If you hire a seasoned lawyer, it would be enough to make an effective claim.

4. You have to establish causation. This is the legal term of the casual relationship between the claimed injury and the accident. The defendant's lawyer has to challenge the injury claims of the plaintiff that the injuries are not caused by the accident but rather pre-existing. If there is any pre -existing conditions in your body parts, you have to inform your lawyer so that he/she can prepare in case it is questioned by the other party.

If you are sure that your slip and fall accident is caused by the negligence party, or some entity or person, then you should not hesitate to contact your personal injury lawyer. Make sure that your personal injury lawyer has the capability and expertise to win your case. He/She must be well versed in the gradation in this area of the law. Hire the lawyer who has the resources to employ experts to conduct necessary investigation before the modification of the dangerous condition.

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