According to the National Flooring Safety Institute, nearly eight million people go to emergency rooms yearly due to falls. However, slip and fall cases account for 12% of the total falls and are the sole reason for a million ER visits.
Investigating a slip and fall claim in detail is necessary to establish fault. The insurance adjuster uses specific procedures to ascertain the cause of slip and fall incidents.
This is why hiring a slip and fall accident lawyer is essential. They give you an edge in proving the negligence of someone as a prime cause of your injury.
Below are some key factors that can affect your compensation in a slip and fall accident case:
1. Rationale for Your Presence
It would help if you established your rightful presence on their premises to prove the owner is responsible for your injuries.
One of the following categories could apply to you as the claimant:
- Invitee – It is lawful for you to be a customer at stores, eateries, and other commercial spaces where you lawfully support the owner’s business. The term “invitee” also includes salespeople, contractors, government representatives, and other guests who benefit the owner during their stay.
- Licensee – You have the option to make a claim for your injuries as a social guest. Even if you have been inside a few times, you may not be completely aware of the dangers of slips on the property. The owner ought to have taken action to guarantee everyone’s security.
- Attractive Nuisance – This also applies to young children who suffer slips and falls. It speaks of those who are too young to understand property limits.
- Trespasser – This is applicable if you have been lingering at a place without authorization. The area is guarded, locked, or fenced when permission is denied. As a result, you cannot hold the owner accountable for any injuries you sustain while on the property, including slip and fall accidents.
2. Noticing the Defect
There might be frequent slip and fall dangers on the property due to structural flaws. The victim must demonstrate that the owner failed to repair the flaw to establish liability. Since specific issues take a longer time to repair, the below conditions can affect your case:
- Prior Knowledge: If you had previously been to the property where you had the slip and fall incident, you could have noticed the defect earlier. This, apart from proving the owner’s negligence, can also indicate your carelessness.
- Warning Notice: Were you given any warning within the property before your slip and fall accident? It’s possible that the dangerous area was secured, gated, or fenced. Your prospects of receiving more compensation may be impacted if you ignore a posted warning message.
- Owner’s Awareness of the Situation: This refers to the individual in charge of the property at the time of the slip and fall incident. Whoever rents the building or the owner should know its evident flaws. Regular inspections should be able to prevent concealed defects, such as hollow cracks beneath the floor.
3. What’s the Story Behind Your Accident?
Several factors could have contributed to the slip and fall accident from your end.
Is it the clothing you wore then, whether it touched the ground, or whether you were wearing inappropriate shoes, like too tight or too loose, that could have partially contributed to the accident?
Furthermore, other intricate details like the nature of your physical and mental condition as well as what you were doing at the time of the accident (talking to someone on the phone, texting, etc.)
4. How Serious are your Injuries?
The physical injuries a slip and fall accident victim may sustain include
- Soft tissue injuries
- Fractures
- Spinal dislocations
- Brain trauma
However, the symptoms of certain injuries do not appear for a few days. Thus, following the slip and fall incident, you need to get medical attention as soon as possible. Don’t forget to collect the medical record so that you can document the seriousness of your injuries.
5. Evidence Collected
Although taking photographs right after a slip and fall accident can be challenging, they will prove to be extremely useful in backing up your personal injury claim, especially when there are signs of negligence.
Additionally, having a witness to corroborate the owner’s negligence will strengthen your case.
Handling such long processes and documentation during recovery can be challenging, and that’s precisely why you should hire a slip and accident lawyer.
