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Your Ultimate Guide to Winning Your Slip and Fall Case



Your Ultimate Guide to Winning Your Slip and Fall Case

Jacob Braude posted Thursday, April 4, 2019 in Personal Injury, Slip and Fall, Traumatic Brain and Spinal Injuries

In 2016 alone, there were approximately 34,000 slip and fall cases that resulted in the death of the victim. Plenty more brought longterm injury.

As you can tell, these types of cases are often very serious and leave the victim with hefty medical expenses. But, with a competent legal professional on your side, you’ll be sure to get the compensation you deserve.

Not sure where to start? Don’t worry, we’ve got you covered.

Let’s take a look at everything you need to know about winning your case.

Proving Liability

Slip and fall cases in New York only have a chance in court if the defending party is liable for the accident that caused your injury.

Property owners are often liable when they are negligent of dangerous circumstances. A common example is the lack of the iconic “wet floor” sign near a slippery surface, posing a threat to visitors.

But, there are many scenarios where it can be difficult to prove liability. These can include:

  • Poor lighting over an unsafe floor surface
  • An obstacle that visitors must unsafely maneuver around
  • Lack of routine maintenance that results in faulty equipment or machinery

 While these situations could easily result in the injury of a customer or visitor, you still have to prove that they were negligent.

For example, in order to prove that lack of maintenance resulted in faulty equipment, you’ll need to find out if there are any documents that prove there was a significant gap between the time of injury and when the equipment was inspected.

Your attorney will know what course of action to take when it comes to proving liability. But, proving owner liability goes hand in hand with…

Proving You Weren’t The Cause

Unsurprisingly, nobody likes to get sued. But, Brooklyn property owners have a morbid fear of being sued for negligence.

In many slip and fall cases, the property owner may argue that not only was the accident not their fault but also that you were the one who caused it.

If you were found at fault (even partially), then your potential for receiving full compensation is dramatically reduced. Thus, the defendant is going to do all that they can to prove the blame lies on you.

While you may be convinced you’re not at fault for your slip and fall incident, you could have played a role depending on your actions at the time. If you slipped because of your own negligence, it may be difficult to obtain the judge’s favor.

Common situations where the plaintiff played a role in their own injury are:

  • Illegally accessing the area they were injured (jumping a fence, ignoring trespassing signs, etc.)
  • Acting negligently at the time of injury (such as texting, reading, talking on the phone when they should have been looking at their surroundings)
  • Failing to adhere to safety/warning signs

Thus, it’s not impossible that the individual who was injured played a role in their slip and fall. But, regardless of whether or not the plaintiff did, the defense may choose to argue that you were at fault anyway.

Therefore, you’ll need to prove that you weren’t. Eyewitness testimony, security footage, etc. are often required to back up your claim.

Before You Go to Court

You’re going to have to gather evidence. First, you’ll need to…

Prove The Extent of Your Injury

It’s pointless to pursue slip and fall compensation if your injuries are negligible. So, you’re going to have to prove how badly you were hurt as a result of the accident.

The easiest and most reliable way to do this is through your medical records. Medical professionals will provide a detailed account of your injuries through their assessment, and it’s your duty to obtain these documents.

Then, you’ll be able to prove how injured you are, any prolonged discomfort you experience, and whether or not you experience any disability as a result of the accident. 

Even if your injuries are readily visible, you’ll still need proper medical records to prove they aren’t superficial. For example, cuts or bruises on your face that don’t hinder you in any way are unlikely to be a solid foundation for pursuing compensation.

Then, you’ll need to…

Provide Proof of Your Expenses 

Medical expenses aren’t the only thing you’ll need to keep in mind. There are plenty of other forms of a financial burden that can stem from a slip and fall accident.

The most common scenario is one where your injury prevents you from working, drastically reducing your income. If you suffered a neck or spinal injury, it could be months before you’ll be able to return to your job.

Hire an Experienced Lawyer

Even with all the evidence on your side, you’ll still need a competent legal professional to back you up in the courtroom. You’ll want someone with extensive experience not only in the legal profession itself but also slip and fall cases.

If possible, someone who specializes in your type of injury (wet floor, faulty equipment, etc.) will give you the best chance of achieving success.

Handling Your Slip and Fall Case Can Seem Difficult

But it doesn’t have to be.

With the above information in mind, you’ll be well on your way to making sure your slip and fall case results in you getting the compensation you need.

Want to learn more about what a competent legal defense can do for you? Make sure to check out the rest of our blog!

Need Help With Finding the Best Lawyer For Your Case? Call Us.

Have you or a loved one been injured from a slip-and-fall accident? An experienced injury lawyer will help you win your case. 

We are here to assist you with finding the right injury lawyer. Our service is offered to the general public nationally, and specifically in New York, New Jersey, Pennsylvania, and Connecticut.

 Contact us now for a free consultation.

CALL  888-888-6470 OR CONTACT US ONLINE TO GET STARTED.