What Should You Prove to Win a Slip and Fall Injury Claim?

You can’t always be too careful, and sometimes you may not be at fault too. There are instances where accidental falls might happen. For example, you walk into a supermarket that has just been mopped, and you are not aware of it. Also, there is no board or sign to warn you either.

You hurt yourself badly, and with the severity of your injury, you have to visit the hospital. This affects you physically, emotionally, and financially as well. In addition, you have to pay your bills and might have to take leave for a day or two, putting your job at stake.

Contacting Attorney for Slip and Fall

So, in such a situation, you are entitled to make a slip and fall claim. You could ask the person responsible for your fall to pay the cost. To begin with, you can get in contact with a Slip and Fall Attorney in Athens for all injury claims.

Before we discuss proving and winning a slip and fall injury claim, we will see how and when the other person is responsible for your fall. So, we will take the example of the slippery floor again. In case you were sprinting, then you might as well be partly responsible for the fall. But you could still make a claim based on specific conditions.

So, seek help from a personal injury lawyer in Athens who can claim from the ‘Person responsible’ on your behalf.

Who is the ‘Person Responsible’ for Slip and Fall?

The term ‘Person responsible’ refers to someone who neglected to do their job to keep the path safe for others as it was their duty to do so. For example, if a shop owner forgets to wipe the spilled water, it will constitute negligence. They fail to meet the duty of due diligence to those who will be respected to protect your safety.

Injuries Due to Slip and Fall:-

  • Severe sprains, fractures, and broken bones
  • Hip, spine, and traumatic brain injury
  • Emotional trauma and fear of falling out
  • Medical bills accumulated due to slip and fall

Time Period-

  • If you fall and get an injury, you can claim for slip and fall within three years of the injury.
  • If a slip and fall injury leads to death, then the family of the deceased is generally allowed three years to file the claim following the individual’s death.
  • Also, it can take anywhere between 3 to 18 months for most slip and fall lawsuits to reach a settlement.
  • The time period varies based on the extent of the injuries and the time taken to recover.
  • Mostly, it will prolong because you might want to wait and see how much your bills cost and claim settlement accordingly. So claim as soon as you feel you are eligible for it.

Why Do You Need to Prove a Slip and Fall Claim?

There are two major reasons why you require proof for slip and fall claims. First, the person at fault may not agree on all occasions and take responsibility for the breach of duty. In such a case, you should prove from your side that the other person is responsible. Second, on other occasions, there is room for false claims. So, it is necessary to prove such claims to have fair settlements.

Evidence to Prove Your Slip and Fall Claim-

To prove your slip and fall injury claim, you should begin collecting evidence and complete it as soon as possible. This evidence will strengthen your case and help you maximize the compensation you are entitled to receive.

Pieces of evidence to prove your slip and fall claim includes:

  • Photographs of the injury
  • A medical record of the injury – appointment dates, medical certificates, and x-rays
  • Witness details – name, contact details, and statements
  • Expense receipts
  • Records to show you lost wages due to the injury

What to Prove for a Slip and Fall Claim?

When you fall and sustain an injury, it might not be enough to file a slip and fall injury claim with the help of your personal injury lawyer in Athens. This injury needs to be a part of another party’s negligence, meaning that the person at fault should be another individual. The following three criteria should be met to establish this negligence.

  1. Owed Duty of Care
    The person at fault owes a duty of care. Duty of care means that the person must ensure the people’s safety, security, and well-being. For example, the person who owns or occupies the premises is responsible and liable for slip and fall.

    That individual has the duty of care towards the people who reasonably enter or visit the premises. We can take the same example of a supermarket. Here, a supermarket owner will owe a duty of care towards its customers and staff. This is because the person can reasonably foresee that they will be on the premises.

  2. Breached Duty of Care
    The person at fault breached the duty of care. Breaching the duty of care means that the person responsible was negligent and has not taken reasonable steps to ensure the safety and well-being of the people they owe a duty of care to. In the example we discussed, the supermarket did not take the necessary measures to keep a warning sign or barrier hinting at the potential hazard. Thus, this is a breach of duty of care.
  3. The Breach of Duty Resulted in Your Injury
    This breach of duty that the person is accounted for may result in your injury. This injury may be physical or psychological. It could be damage to your property or economic loss as well. For example, when you fell in the supermarket, you might have hurt your back. This is a breach of duty resulting in your injury.

Slip and Fall might catch you completely off guard that can lead to a significant loss. However, you must know that this burden need not be carried by you alone. You can claim compensation for your fall and resulting injury. You could seek the help of a personal injury lawyer in Decatur to help you get the compensation.

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