The Best Way To Deal With A Slip And Fall Accident

A premises liability emerges when someone gets injured on someone else’s property due to no fault of their own. These accidents happen in commercial and residential properties and require the owner to pay for medical costs for the victim. A failure to provide assistance leads to a legal claim, and the defendant could be held liable for all financial losses related to the accident. 

Hire An Attorney

Any victims who slipped and fell in someone else’s property could be entitled to compensation for their injuries and financial losses. An attorney understands what evidence is needed for a legal claim and how to speak to the defendant about the case. There are guidelines that plaintiffs need to follow when setting up and proceeding with a premises liability lawsuit. Attorneys can provide assistance for the victims and prevent them from making mistakes. 

Prove That You Were On the Property Lawfully

The first obstacle is to prove that the victim had a legal right to be on or inside the property. Since premises liabilities apply to commercial and residential properties, the victim must show that the property was publicly accessible at the time of the accident, they had permission from the owner to be there, or the victim had to be on the property as a part of their job duties. If the victim wasn’t on or inside the property lawfully, they do not have a viable accident claim since they placed themselves in harm’s way and may have committed a crime. 

Collect Medical Records for Your Injuries

Medical records are a must for all personal injury cases and show what injuries the victim sustained. The details must connect the injuries to the event the claimant says caused their injuries. When proving a premises liability, the attorney may acquire security surveillance footage if the accident happened in a commercial property where security cameras would have captured footage of the accident. 

Get Invoices for All Financial Losses

All financial losses must be represented by invoices from a doctor, financial statements from the victim’s employer, and other service providers who provided medical care for the victim. When calculating economic damages, the attorney needs clear evidence that shows all expenses linked to the victim’s injuries. Non-economic or tort damages are not based on financial losses but are based on the effects the injuries had on the victim. 

Let Your Attorney Talk to the Defendant

The claimant should never speak to the defendant on their own, and they should allow their attorney to manage any negotiations for them. If the victim agrees to any settlements with the defendant, this could prevent them from collecting compensation in a civil lawsuit. The defendant’s attorney or insurer will try to get a settlement out of court and prevent a high payout when possible. The claimant’s attorney can negotiate for a fair and reasonable settlement on their behalf. 

Premises liabilities are caused when a property owner fails to provide a duty for all visitors that come to their property. The laws require property owners to eliminate hazards in or around their property that could lead to accidents and injuries. If they do not provide this duty, anyone who sustains injuries on their property can start a legal claim against them to collect compensation for their injuries. By reviewing what to do in a premises liabilities, victims know what their next step is.