In the United States, millions of people suffer a slip and fall injury. In fact, there are about 3 million emergency department visits due to older people falling each year, according to the Centers for Disease Control and Prevention (CDC).
If you think slip-and-fall accidents are just minor incidents, that’s not the case at all. For others, it can be fatal. As such, owners should be aware that being neglectful of hazards in their properties could lead to legal consequences.
Injured victims are eligible to pursue premises liability claims and hold owners accountable if they can prove there is an act of negligence in the accident, says premises liability lawyer Liam Perry.
Let’s look at the top dangers behind slip and fall injuries and what you should do to seek justice if you’re injured.
Difficulty in Proving Negligence
It would be tough to prove negligence in a slip-and-fall case. Most people think that just falling is enough to prove their point.
That is usually only step one. Another thing to establish is to demonstrate that the property owner is aware of the hazard. Perhaps, through reasonable appraisal, they have known about it and failed to rectify the situation.
Filing a personal injury claim can help ensure your case is properly presented. This is one way to protect your rights. The process may be a challenge where evidence is required.
You have to present photographs and witnesses to prove your claim. But without strong evidence to back you up, filing a case might be for naught.
Statute of Limitations Challenges
Negligence must be proven in any slip-and-fall case, and time must hence be considered. Be aware that there is a statute of limitations setting the ultimate deadline that can be claimed beyond.
Depending on the state, an action can be filed from one to three years within the statute of limitations. Evidence should be gathered in the initial stages of an accident, and, if possible, an attorney should be contacted immediately.
The sooner you try to address your situation, the higher the probability that a claim will be successfully made. You’re not alone in this situation—a few others have been through it, and with the right guidance, you’ll get by just fine.
Insurance Company Tactics
A proven way to ensure maximum compensation for your slip-and-fall claim is to equip yourself with various tricks and techniques employed by insurance companies for their benefit. These companies will see to it that they will not jeopardize their position for your well-being.
A very common tactic would be to just drag on the claim process while hoping you will have enough. They would even say, “Are you sure you’re hurt?” or “How can you prove it?” The gentlemen insist on proving each step with their documentation.
These companies simply push for a quick settlement: you either take the offer or never see any money from them. But don’t be intimidated by these tactics.
Seek advice from a lawyer who understands your case. You deserve to receive fair compensation for the grievances you suffered.
Emotional and Financial Strain
Being in an accident can be traumatic. As such, it is natural to have an emotional impact on a person. Aside from the pain and suffering you have to endure, the financial burden will keep accumulating. There are medical bills you have to pay and lost wages you have to consider.
The feeling of loneliness may loom large during this time since your close ones haven’t really gone through what you are facing. The stresses brought about by insurance and courts are depressing and only adding on to your burden, thereby alienating you.
Lean on close friends or therapists for help with the ordeal. It will be worth it to connect with some who have walked parallel roads just to reassure yourself that the economic struggle you bear is not yours alone.
You deserve to come through this—both financially and emotionally.
Varied Local Laws and Regulations
Situations vary in state and municipal law, making it strange for a slip-and-fall case to proceed in due course. One jurisdiction may have one law, while another jurisdiction has an entirely different law because they differ in how and when they define liability, duty of care, and what constitutes a hazardous condition.
This could mean that whatever is acceptable in one place might be a reason to sue in another. This is why you need to be knowledgeable about the local laws affecting your case.
In some cases, you may have to connect to individuals who faced a similar challenge. With their experience, they are one of the best people that could give you informed advice and insight.
Ultimately, the help of legal professionals cannot be discounted. Their expertise can help you maneuver your way through your particular case.
