If you think you have reasonable cause to file a slip and fall lawsuit, you likely have many questions regarding the legal process and options available to you. Your first step is to find a reputable personal injury lawyer who will take on your case. In the meantime, here are eight things you should know before filing a slip and fall lawsuit.
1. You Have to Prove Liability
This is one of the most difficult aspects of slip and fall lawsuits. In order to win, you must adequately prove that the responsible party (such as the property owner or your employer) is liable for your accident. In addition, you have to prove that the defendant acted in a negligent manner and that those actions led directly to your accident.
2. It May Take a Long Time
Due to the difficulty of these types of cases and all the witnesses that may be involved, your case may take a long time to resolve. Even then, there are no guarantees. However, as long as you have a solid case and have a skilled personal injury lawyer behind you, chances are you will eventually receive compensation for the damages caused to you, including medical expenses or lost time off work.
3. You’ll Hear the Word “Reasonable” Thrown Around
This term will come up a lot when settling a slip and fall lawsuit. For example, you must prove that the property owner or employer failed to act as a “reasonably” prudent person. Once they are found to have acted negligently, you must also prove that they are liable for the damage caused to you because of that failure to act in a reasonably prudent manner. You can’t put unrealistic expectations on them in an attempt to prove they failed to go above and beyond in prevention of an accident.
This aspect is what most often makes or breaks a slip and fall lawsuit.
4. You Must Prove the Accident Wasn’t Your Fault
In trying to prove the property owner was at fault, you must also at the same time prove you had no fault in the accident. This is the other big part of the case. If you share any portion of the blame for the accident, it can affect your ability to be compensated for the accident. For example, if you were texting on your phone and were thus distracted when you slipped on ice, you may share the blame for your fall and get less compensation, if anything at all.
5. The Defense Has the Evidence
It’s important to remember that the defense is the one with the evidence and is the one who owns the property where you fell or the substances on which you slipped. The burden of proof is on you.
6. You Can Help Prevent This Type of Accident in the Future
Pursuing a slip and fall lawsuit is often times a noble one with a higher purpose. If you are successful in the case, you are essentially eliminating the hazardous condition that was present and preventing someone else from going through the same unfortunate experience in the future.
So, while you may not be able to do anything about your injuries, you can do your part to keep others from experiencing what you did, saving them a lot of pain and headache, and possibly even preventing a death.
7. There is a Time Limit
If you are injured in a slip and fall, you understandably want to take some time to think about your legal options. However, keep in mind that waiting too long could be detrimental. That’s because there is a time limit on filing lawsuits in most states. In California, it is two years.
8. You Could Win a Large Sum
If the right factors are all in place, you could win big in your lawsuit. However, it’s not like winning the lottery. That money is for your recovery, including paying medical and rehab bills, and prescription and doctor bills. It will also be used to manage any ongoing disability you may have suffered as a result of the accident.
Also included in your compensation package could be money to make up for any wages you have lost by not being able to work, as well as a sum that addresses your pain and suffering.
Contact Kuzyk Law
Wondering how to win a slip and fall lawsuit? Contact Kuzyk Law first and we’ll give you more tips on how to be successful in getting the compensation you deserve for your injuries. Get a free consultation when you call 661-945-6969.