Slip and fall cases can be a difficult legal area for people to navigate as liability requires proof of negligence and a solid case. A Miami personal injury lawyer at Stein Law, states that slip and fall cases can vary differently due to the ambiguity of settlements, trials, and situations. There are several legal steps that should be considered in order to best build your case. Getting a lawyer will be the best way you can receive rightful compensation for your slip and fall case.
Gather Evidence
You have been injured either by slipping, tripping, or falling where a business has failed to keep safety procedures. These accidents are common, and it is the responsibility of the owner to ensure these accidents do not occur. You are entitled to compensation for your injury and distress, regardless of the severity of the situation. This is because property owners are liable for any injuries on their property. There is an extent to which premise liability can be applied, so be sure to speak with your lawyer about your case.
The first step to any case is gathering evidence for your case. You want your lawyer to have an arsenal of proof against the owner. There is no such thing as too much evidence. Examples of evidence include witness statements, photos of the area, and medical records. You can also speak with your lawyer if they are looking for a specific type of evidence that would most benefit your case—having photos of the scene where you were injured, and your injury is very helpful. Your lawyer will be able to build your case more efficiently if there is sufficient evidence. You will also be in a better position to get a fair settlement.
Understand Your Loss
The primary purpose of building a case against a business is to receive compensation for your loss. Enforcing business owners to pay for their negligence can also be how you help another person avoid what happened to you. Evaluating your losses should be fairly easy if you have tangible evidence of how the accident affected you negatively financially. Examples of how an accident can impact your financial situation include the price of medical bills, lost wages, and more. If you have been unable to earn money or incurred large expenses directly related to the accident, these are tangible examples of economic loss.
If your injury is more severe, you can also be entitled to non-economic compensation. Some injuries also cause physical and emotional duress, which can greatly impact daily life. To know whether you are entitled to non-economic compensation, you should reach out to your lawyer. But some examples of duress include constant pain from the injury, mental fatigue, or disfigurement. If the injury has negatively impacted the enjoyment of your life, you are entitled to non-economic compensation.
If a loved one has passed away due to a slip and fall injury, be sure to still pursue the case. They are eligible for compensation that can help cover their funeral expenses and even help their surviving family members.
Show Their Negligence
Slip and fall cases can only be successful in your favor if you are able to prove the owner’s negligence. Your lawyer must be able to prove that the property was a hazard, and while the owners acknowledged this, they still refused to fix it. If it is proven the owners caused the hazard that is also permissible for the case. Your case must also show that their negligence was what created the hazard that put you in harm’s way.
Proving negligence can be difficult if the situation is more complex such as trespassing or there are existing warning signs. If you were distracted and broke the law first, proving negligence will also be difficult. Once the fault has been established, your lawyer can pursue your case and negotiate a settlement on your behalf.
Negotiate
Your lawyer will negotiate with the opposing party and insurance company for your benefit. Slip and fall cases are generally civil cases which means the overwhelming majority are settled outside of court. This process is cheaper and faster for both parties, which is why it is the ideal outcome for your situation. If your lawyer can negotiate a settlement, you will receive the agreed-upon compensation and hopefully resume a regular life.
Take to Trial (If Necessary)
If settling is not possible because of the unwillingness of the other party, your lawyer can take your case to trial. This will be much higher in attorney’s fees and can take up to years to close. Your lawyer will seek what is best for you, and going to trial may be the only way you are rightfully compensated.
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