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    4 Things You Must Do to Win a Slip and Fall Lawsuit

    By sbanderas | July 25 2020
    Categories: Blog
    220

    Slipping and falling account for a huge chunk of injuries in the public. These accidents occur in many public places, including malls, supermarkets, grocery stores, hotels, and other commercial premises, as well as residential settings and workplaces. Most of them lead to a variety of injuries, ranging from bone fractures to bruises. However, the majority of them go unnoticed because the victims do not know their rights or they are so timid to speak out. 

    If you or someone you know got into a slip and fall accident, you could qualify for compensation under the law. It involves proving that the owner of the premises or negligent party owed the duty of care, which means that the issue may end up in court even if the defendant has insurance. If you sue such a person and you want to win the case, here are four things you must do.

    1. Seek Medical Attention 

    When you happen to walk down a poorly lit staircase and slip on a puddle of water that you had no idea was down there, the first thing you need to do is see a doctor. The main reason is so that you are treated before you develop a worse condition than you already have. You also need to get the medical report, which comes in handy in many situations following the accident. For instance, it indicates the kind of injuries you sustained, where you sustained them from, and how much they cost you. All this information will be needed to argue your case when you decide to file for a slip and fall lawsuit.

    2. Contact an Attorney


    A slip and fall lawsuit is not one of those cases you expect to tackle alone and expect to win. It requires working with an expert personal injury attorney in your country or state to win these cases. Especially since personal injury laws and provisions may differ from state to state, it is best to hire an attorney who has experience in the state where your case will be mentioned. In Louisiana, for instance, elements of personal injury such as pain and suffering may be calculated differently from other states such as Georgia or Arizona in the US. This means ensuring you work with the best personal injury lawyers Baton Rouge has to offer when seeking compensation. If you work with the best lawyer, they can even help get your claim compensated before the case proceeds to trial in court. You can never underestimate the importance of a competent lawyer in personal injury cases.

    3. Proving Fault 

    To win a slip and fall lawsuit, you have to prove a few things. In addition to proving that the defendant owed you a duty of care, you have to provide evidence of liability, negligence, or responsibility. Having talked about hiring an attorney above, winning the claim depends highly on how your personal injury lawyer can prove the following;

    • Liability– every time a person is doing anything, they have to be mindful of others. This is especially if the results of their actions may injure other people. This is known as Duty of Care. To win a slip and fall lawsuit, you need to prove you were owed a duty of care by the defendant in that the negligence of their duty led to your injuries. 

     

    • Negligence- especially among older people, falls and repeat falls are quite common each year, and negligence is a common cause. To prove negligence, you need to show that the defendant failed to act reasonably, in that their actions or lack of action led to your injuries. For example, you might have to prove that the defendant realized the hazardous condition of the staircase on which you slipped and got injured, but failed to act accordingly.

     

    • Responsibility- this is usually the most difficult part to prove. Here, you need to show that the defendant behaved or failed to behave in a manner that eventually led to your injuries. That way, they are directly or indirectly held responsible for your injuries. 

    If you can prove these three things, then you are most likely going to win the lawsuit.

    4. Conduct Yourself Consciously in Court 

    With all the above tips, there is one more thing you need to be careful about. That is how you are going to conduct yourself in court. The defendant will have some questions for you which are meant to kick you off balance with what you had come with as evidence. Your responses will largely determine if you are going to win the lawsuit or not.

    Slip and fall accidents can happen anywhere to anyone. If indeed they occurred due to someone else’s negligence or breach of duty of care, the victim deserves compensation for their injuries, pain, suffering. Claims also cover damages like lost income, among others. If your case is in court after a slip and fall accident, the above pointers can help increase your chances of winning the case, and getting the compensation you deserve.