A slip and fall accident is traumatic. You will most certainly feel banged up and have stiff muscles, even if you have no other injuries. Did you file an incident report or police report at the location? Did you seek medical attention? These are the questions you should ask yourself before you consider seeing a personal injury lawyer.
Do You Have Legal Grounds For A Suit?
Many people file frivolous lawsuits these days. The courts are very much aware of those that are truly hurt and those who are playing games. Because of the magnitude of a claim like this, the burden of proof rests in the plaintiff’s hands. You must show the court that you are hurt and that you need compensation for your medical bills as well as your pain and suffering.
Concerning the matter of whether you need an attorney or not, you must weigh the value of your injuries. Did you have a couple bumps and bruises, or did you have to take off from work for days? Worse yet, did you have to have surgery because of your injuries? The severity of your injuries will dictate whether you need to file a claim. To ask the court for compensation, they will want to see pain and suffering as well as lost wages from work and medical bills. Sure, the insurance company might settle with you for a small amount just to get you to sign off to prevent further claims, but those small amounts do not require an attorney.
What Were The Contributing Factors That Lead To The Fall?
Speaking with any of the personal injury attorneys will give you similar results. First, you must ensure that your injuries were caused by the fall and that there is no preexisting condition that comes into play. An attorney will need documentation of the event. What was the weather like? Did you do something that contributed to the fall? Can you clearly provide proof, in the form of witness statements, pictures or police reports? Was the area secure, or was their neglect from the owner that caused the fall? All of these documents help to solidify your case.
If a person is walking through a grocery store, and the store had a jar of pickles spill on the floor. It is the store’s responsibility to warn shoppers of the potential hazard until it can be cleaned. There should be a sign posted or someone standing there to divert shoppers. If the store fails to clean up the mess promptly, and they do not put up a “wet floor” sign, then they can be found liable for the injuries caused by their negligence. In legal terms, an attorney would say that the duty of care was breached.
What Is Duty of Care?
The “Duty of Care” is a legal term that is often used in court. It is a term that simply means that a person has an obligation to ensure that no one is hurt. In the instance given above, the store owner had an obligation to warn others of potential hazards and did not. This can also be used for a homeowner that has a slip and fall accident take place on their property too. We must prove that the Duty of Care was breached and that there were no reasonable measures taken to avoid an incident.
Every Accident Is Not Grounds For A Claim
It is important to note that not every accident is grounds for a legal claim. Accidents happen all the time. The severity and the circumstances are what separates claims from those that are just harmless incidents. Regardless, if you slip or fall on someone else’s property, then you deserve to at least have your medical bills paid. Because each case is unique, it is important to have a Phoenix personal injury lawyer guiding you.
After reviewing your case, they can quickly identify if the necessary elements are there for a lawsuit. Even if you do have grounds to sue, many cases are settled out of court with the insurance company. The important first step in the process is talking with an attorney. Personal injury attorneys work on a contingency basis, so there is no fee for the consultation. Getting expert advice is essential for dealing with injuries caused by someone else.