Accidents can occur anywhere; a person may simply fall while at work or while shopping and injure themselves. But sometimes, the victim may slip and fall because of a property owner's negligence. In such situations, can build a slip and fall case against the owner of the property.
But there are multiple aspects to consider in a slip and fall case. If you're curious to know the legal process under this lawsuit, read on. Medical care Before building a slip and fall case, the injured person must seek immediate medical care. They must ask the store manager or staff to call 911 and get examined by a healthcare professional for any injuries to the head, bones, brain, or back. Not seeking medical attention may result in untreated injuries that may eventually affect their daily life. Apart from seeking medical attention, it is also important to file an incident report with the authorities. Evidence Once the victim has received the appropriate medical care, it is imperative to collect evidence to back up their case. Hiring a lawyer can help make things easier, as they understand the process involved. The lawyer can also help gather surveillance footage, witness statements, and photos of the hazard to establish the case and try and get the injured individual a fair settlement. Loss evaluation To establish a worthy cause, one must carefully assess their losses. The assessment is possible by collecting receipts for tangible expenses (economic losses). A few receipts used by lawyers for claims include medical bills, lost wages, damage to property, doctor prescriptions, and diminished earning potential. The extent of the plaintiff's injuries may also entitle them to non-economic damage claims such as mental anguish, pain and suffering, loss of consortium, and the loss of enjoyment of life. Negligence establishment After the evidence is collected, the lawyer works toward proving the property owner's negligence. They need to prove the owner was aware of the hazard and failed to fix it, due to which the plaintiff suffered injuries. However, proving negligence is no easy feat, especially if the injured person was on the property illegally. Winning the case might also be problematic if there were warning signs to protect passersby from accidents. Therefore, negotiations begin only after the lawyer can prove negligence. Negotiating the settlement About 97% of civil cases settle without a trial. Negotiating a fair settlement with the property owner or the insurance company will cost less and is quicker. In settlements, both parties save on excess lawyer fees, administrative charges, and filing costs. Going to trial When the negligent party or the insurance company refuses to pay the plaintiff fair compensation, the lawyer may suggest going to trial. Though trials may go on for months or years, a lawyer will continue to argue the case if they believe the victim deserves appropriate compensation. Settlement negotiations often continue through the trial process. If the concerned people agree to a final settlement offer, the lawsuit can be closed as soon as possible. The average settlement payout There is no guarantee of how much a slip and fall settlement will pay the victim. However, several claims settle in the $30,000 to $40,000 range. The settlement amount also depends on the economic and non-economic damages and the severity of the injuries.