Slip and fall accidents are one of the most common personal injury cases out there. Because slipping and falling can cause serious injuries that may leave you in pain, in need of medical treatment, and take you away from your job, you will want the assistance of a Philadelphia Slip & Fall Accidents Lawyer to help you get the compensation you deserve.
But any slip and fall accident isn’t enough to give you an actual slip and fall case. If you’re hoping to get compensation for your injuries, there are a few things you will need to prove that another individual is at fault.
What Constitutes a Slip and Fall Personal Injury Case?
A slip and fall accident is a type of personal injury case. However, anytime you are hurt you cannot sue another individual for compensation. In order to have a legitimate personal injury case, another individual must have acted negligently or maliciously and those actions lead to your accident.
For a slip and fall accident, another individual must have premises liability. Premises liability states that another individual is responsible for maintaining a safe environment for all individuals in the area. This may include property owners and landlords.
Slip and fall accidents may happen if you slip in water, fall down defective stairs, or lose your balance on uneven ground. However, you must be able to prove fault in order to have an actual personal injury case. Fault means that the individual with premises liability did or did not do something that directly caused the accident.
How to Prove Liability in a Slip and Fall Case
To prove fault in a slip and fall case, there are three main areas that you must prove. To be able to show that someone else is legally responsible for your injuries, you must be able to prove one of the following:
- The dangerous conditions that caused the accident was created by the owner of the property or an employee of the property. This can include an employee spilling water, breaking a stair, or causing damage to an area that makes for an unsafe environment.
- The owner of the property or employees of the property know that the dangerous environment exists but have not done anything to fix the area or protect other individuals from encountering the dangerous environment. This may happen if the property owner knows a stair is broken or that water has been spilled, but they do not clean it up or block off the area until it can be fixed.
- The dangerous condition should have been recognized and acknowledged by the property owner or an employee of the property. Under normal standards, a reasonable individual would have known that the problem had risen and done something to clean or remove it. This situation may happen if your landlord or property owner was not aware of a problem because they were negligent.
If you are unable to prove that one of these three situations existed, you may not be able to prove your personal injury claim. In order to help prove your case, you will need witness testimonials, pictures of the area, and other forms of back up for your story.
How Can a Personal Injury Attorney Help?
A personal injury attorney can help you through the trial process in more than a few ways. While a personal injury attorney is not absolutely necessary for a personal injury case, they can help you receive the maximum amount of compensation.
When you are injured, the insurance company of the responsible individual is likely to contact you for a settlement. In an effort to save themselves some money, they will usually offer you a low number in the hopes you will agree before you know how much money you truly need. But depending on your injuries, you could have medical expenses and treatments for many years to come.
A personal injury attorney will help protect you from insurance companies that don’t care about you or your expenses. By negotiating with your best interests in mind, a personal injury attorney will not allow you to be taken advantage of.
Compensation from a Slip and Fall Accident
There are a few kinds of compensation you may be able to get from a slip and fall accident. In order to get the most of your settlement, you will need to know each of the areas of compensation and what they include.
Typically, the largest area of compensation will be in medical bills. However, many individuals only consider their present medical expenses and not what expenses may come in the future. You may need physical therapy, rehabilitation, or other additional treatments in the future.
Lost wages is another area that you can receive compensation. If your accident has forced you out of work for a few days, weeks, or more, you can receive money to cover the money you would have earned if you had not been injured. If your accident has influenced your earning capacity in any way, you may also receive money for your loss of work potential.
Another common area for personal injury compensation is pain and suffering. Pain and suffering can be difficult to define because it does not have a monetary value attached to it. If you want to receive pain and suffering compensation, you will most likely need the help of a personal injury to get the maximum amount possible.
Additional expenses may also be covered in your compensation package. If you have to spend additional money on gas to visit your doctor, or you otherwise acquire expenses you wouldn’t have had if you hadn’t been injured, you will want to let your attorney know.
In order to get the most from your compensation in a legitimate personal injury case, be sure to keep all your records and receipts and give them to your attorney to use in negotiations.