Slip And Fall Lawyer - Percentages Of Responsibility

Do you still need a slip and fall lawyer if you were in some way at fault

? What if you played some small role in the incident that took place and caused injury? Comparative negligence is taken into consideration when these types of situations occur. The judge or jury looks at the incident and tries to place the blame accurately between the two parties. While this is not an exact science, having the right attorney on your side can help.

Dividing the Blame

In most states, a slip and fall lawyer that can prove his or her client has less than 50% liability, the other party, usually the property owner or company, must take responsibility. Damages are not awarded to individuals that are found to be responsible for more than 50% of their own incident. There is no one formula that will help determine the percentages of fault. It is up to an attorney to present the case and show negligence on the part of the other person.

Working Out the Details

Before a case goes to trial, a slip and fall lawyer can work with an insurance adjustor to establish the right amount of compensation. While many victims suffer injuries there is also a question of how much work a person will miss and how much his or her life will be permanently changed as a result of the incident. If these negotiations do not go well, it is time to take the case before either a judge or a jury.

At this point, the attorney will need to show that his or her client had little to no responsibility in the accident. For example, there are situations when a customer ends up on the floor due to a faulty piece of equipment inside the building or because there was a serious problem with the flooring. In each of these cases, if there was no warning that there was a problem, the victim is not responsible for what happened. On the other hand, if there were signs up that alerted people to the potential problems and the customer continued walking on, he or she may have some responsibility in the matter. This means that the company may not need to provide as much compensation.

Hiring an Investigator

One of the best tools a slip and fall lawyer can use is an investigator with experience handling these types of cases. The investigator can go out to the site and take a look at how the area looks now and how it possibly looked when the incident occurred. By taking pictures, interviewing people that witnessed what happened, and even requesting videotapes that may be held by the company, evidence is collected and used to build a strong case.

A slip and fall lawyer looks to prove that the client had little to no responsibility in the situation. However, if there is some sense that the victim may have avoided the situation, the legal professional looks to limit that amount of responsibility that his her or client will take; at least to less than 50%.

by: Abraham Avotina

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