There are various types of accidents that a person can experience, however, one of the most common ones is slip and fall accidents, which can result in benign injuries, and, at times, they can be life-threatening and life-changing too.
There are numerous causes for this. Sometimes, a person can simply be clumsy, and accidentally trip over something. And then there are times when someone’s injuries are a direct result of someone’s negligence.
If you belong to the second group (referring to the negligence), then you need to get familiar with all the steps that you need to take in these instances, that are going to help you get fairly compensated. Want to know more? Scroll below!
The Most Common Causes Of Slip-And-Fall Accidents
As stated in the beginning, there are various causes of slip and fall accidents, and below, you’ll see the most common ones. They include the following:
Wet flooring
Icy sidewalks
Slippery liquid on a floor, like grease
Uneven flooring
Uneven rugs or carpeting
Different disruptions on the walkway and floor, like cords and debris
Transitions between various flooring kinds, such as tiles and carpet
In most cases, somebody’s negligence is the result of slip and fall cases. For example, you went to your favorite coffee shop and you accidentally slipped because they didn’t keep the sidewalk shoveled. In other words, they should be held accountable for this.
Consider Contacting An Attorney
If you decide that you want to file a lawsuit, then before you take any further steps, you first need to consult a slip and fall accident lawyer. Why is this so important? According to the abogado de resbalon y caida en miami, that’s advisable because they are going to go through your case and will tell you exactly what steps need to be taken to help you get the compensation you deserve. Don’t forget that these cases are far from simple and easy.
On the contrary, they are full of complexities that cannot be easily navigated unless you’re a legal expert. They are going to help you gather all the right paperwork that’s going to help you win in court.
You Must Seek Medical Help
As concluded previously, when it comes to slip and fall injuries, they can differ, meaning that some of them can cause severe injuries, while there are those that can be defined as minor, and may not even be visible.
Whatever the situation may be with yours, you need to remember that in both instances, you need to consult a healthcare provider, because only they are capable of determining if your injuries are serious or not.
Bear in mind that not all injuries will immediately cause pain, hence it’s pivotal to see a physician right after the accident if you want to make sure you are one hundred percent fine.
Things That Need To Be Proved In These Types Of Situations
Those who go through this type of accident cannot just accuse someone of being irresponsible and liable as far as this is concerned. If you want to file a claim, then you need to prove someone’s accountability. In a nutshell, you need to prove the following:
Liability (the defendant’s duty): This person operated or owned the premises
Negligence (notice): The defendant was completely aware of the circumstances, yet has done nothing to prevent any hazards
Dangerous condition: The detrimental condition wasn’t perceived as minor and benign
Damages: The victim has sustained serious injuries precisely because of these hazardous conditions
If you are a guest on someone’s property, you cannot expect only the owner to be responsible. You need to be careful as well, and make sure to move through the space with caution. If you behave recklessly, then you cannot expect to have a positive outcome when filing a lawsuit.
Your Responsibility For The Accident
As stated above, in some instances, the owner of the premises shouldn’t be held accountable. One of the best examples of it is when you come across a wet floor sign, yet you still decide to walk over it.
By doing so, you are definitely increasing the chances of a slip and fall accident. Whether your role impacts your ability to file a claim or not depends on a variety of different circumstances, as well as the state you reside in.
For example, there’s contributory negligence which only a couple of states apply. So what does it mean? It means that even if your contribution to the injuries that you sustained is very small, you will still not be able to receive any type of compensation for the injuries.
On the other hand, there’s comparative negligence which is frequently utilized by many states in the USA. So what does it represent? Namely, if you live in a state that adheres to it, it means that you will most likely be able to pursue your lawsuit even if you partially contributed to your injuries.
However, what you need to know is that in these types of situations, you’ll receive far less compensation than you may think. Furthermore, in a pure comparative negligence state, you can acquire compensation for this type of accident even if you share a lot of blame for the incident.
In these instances, your compensation is going to be lowered based on the percentage of your fault. To put it simply, if you were almost ninety percent liable for sustaining injuries that resulted in $10,000 in damage, the other party is obligated to provide you with $1,000 in compensation.
When it comes to the altered comparative negligence states, you are permitted to receive compensation only if the other person is at least fifty percent responsible for your pain, suffering, and financial losses. Again, the amount of money you’ll receive as compensation will depend on how much you contributed to the accident.
As you can see, slip and fall accidents are pretty complicated, meaning that they require a lot of thinking and getting your facts straight before filing a claim. Therefore, if you want to make sure you did everything right, then you should first go through this informative guide.
