Handling Slip and Fall Injury at a Private Property
We’ve all seen the classic cartoon where a character slips and falls on a banana peel. Unfortunately, when a person falls in real life, it is not funny, especially if it causes an injury. Many people can and do get seriously hurt by falling, especially on wet or slippery surfaces.
If you or someone you know was a victim of a slip and fall injury, do not delay in seeking legal advice about your options. A victim of a slip and fall or a trip and fall injury, may be able to file a lawsuit against the owner or person in possession of the premises or both for compensation. Contact a knowledgeable premises liability lawyer immediately. In many cases, attorneys can prove that the property owner is responsible for the plaintiff’s damages. Proving that the premise owner is responsible for your injury can be a tough job.
Therefore, you should seek the help of a professional lawyer to represent you and present your strongest case for compensation. Not every slip and fall case is treated as a lawsuit. The premises owner may try his or her very best to shift the blame for the accident to you and argue that you were negligent. Therefore, before adverse legal action is taken against you, be the first one to act. Consult an attorney to advise you of your rights and to file a claim or negotiate a settlement offer. If you were injured in an accident, your attorney may be able to establish that the owner of the premises where the accident occurred was negligent.
How can a premises liability litigation attorney help?
While you visit a lawyer for an initial consultation for your slip and fall case, he or she will investigate the case to evaluate which were at fault. Once your lawyer finds that you have a claim and has determined that the premise owner may be responsible for the accident, he or she can advise you how to move your lawsuit forward to get the compensation you deserve. Most investigations involve:
- Wet floors in supermarkets, apartment building common areas, office buildings, convenience stores, shopping malls, or other structures.
- Defective maintenance of building elements, such as handrails, stairways, porches or balconies.
- Trip and fall accidents on uneven indoor or outdoor surfaces, or in poorly lit hallways.
- Parking-lot accidents caused by poor maintenance, uneven pavement, or inadequate safety signs.
- Accidents caused by dangerous conditions indoors or outdoors such as in or around swimming pools, elevators, escalators, on construction sites or other private property.
Things to do at the scene after the accident
The accident can be severe enough to attract medical attention. At first, you may be unable to immediately take the proper action to investigate and collect information. After the accident, if you are able to collect the necessary information and evidence at the scene to help prove your claim, then don’t miss the opportunity to do so.
Proving liability for slip and fall injuries in San Antonio requires proving that the property owner was responsible. You should always write down the names and phone numbers of witnesses such as store employees, and record the condition of the area where you fell. Get medical treatment, follow your doctor’s instructions and retain a copy of all of your medical records.
Call a lawyer as soon as possible. In some cases, an accident victim may be at fault. This can be difficult to disprove, especially if the victim did something to contribute to their own harm. An experienced attorney will know how to respond to claims against you and how to ask the right questions. Should the store owner have done more to prevent possible accidents and injuries? An attorney can help make that determination.
Oftentimes, owners, managers, renters, or other persons in possession of the property that you were injured on, can hire aggressive lawyers to protect their interests. On such occasions, you will need a seasoned premises liability litigation attorney who can prove that the accident could have been avoided if the premise owner took the appropriate steps to prevent it.
How is slip and fall compensation determined?
Well, the calculations vary from case to case. Your attorney may use multiple factors to estimate the amount of compensation that may be owed to you for an injury you sustained from a slip and fall. Some of the most important factors include:
- Seriousness of the injury
- Medical and hospital bills
- The cost of therapy to relieve the stress of correct body posture or pain
- Lost wages
- Pain and suffering
If you cannot determine the correct amount of compensation that you may be entitled to in an accident, your attorney will help you understand your case in-depth and will guide you in the right direction. Contact Khattar Law, PC if you are involved in a injury case.