Various factors make them challenging to win. Listed below are some of the most common challenges.
Lack of Concrete Evidence
One of the main problems in pursuing a slip and fall case is the lack of concrete evidence. This is particularly true in cases where no one was at the scene of the accident and there is no security camera footage to support the plaintiff’s testimony. In these cases, plaintiffs must rely on firsthand accounts and other evidence to support their claim that the property owner was aware of the hazard and failed to remedy it. However, security cameras can record the events that lead up to the accident, and witness statements can help support their claims.
The burden of proof in a slip and fall case is high. However, you can file a lawsuit and win compensation if you have concrete evidence. The burden of proof is high for plaintiffs, so it is essential to gather as much evidence as possible. However, this can be challenging if the property does not have video surveillance. This makes it even more critical to collect and preserve any evidence demonstrating the property’s danger.
While concrete evidence is not always required, it is vital for proving liability in a slip and fall case. A slip and fall case can result in a settlement if the property owner is found to be at fault. In addition to obtaining compensation, these lawsuits can help stop property owners’ negligent behavior, which in turn helps to provide a safe environment for millions of people across the country. Therefore, it is crucial to make yourself heard by a lawyer before talking to anyone.
Soft Tissue Injuries
Unlike 20 years ago, soft tissue injuries in slip and fall cases are difficult to win in court. Many insurance adjusters blame the lack of success in these claims on computer-generated offers. These offers can be as low as $12,000, with no way for the plaintiff to be compensated for their injuries’ pain and suffering. Even if a plaintiff does win the case, the insurance adjuster will likely pay them only a portion of what they deserve.
The first thing that you need to do is make a medical report. It helps to have it, as this establishes tangible proof of your injury. Medical records will prove that you were injured and your treatment was necessary. Additionally, they serve as proof of your pain. If possible, you should also show photographic evidence of the bruising and swelling caused by the accident. Insurance adjusters are not very cooperative when reviewing soft tissue injury claims.
Proving Cause
Slip and fall accidents occur when you trip and fall. These accidents can be the result of a variety of causes. The most common is a slippery step, which a property owner should have known existed. In other cases, you may injure yourself on a dirty floor or trip over a dangerously uneven surface. Regardless of the cause, the law allows you to sue for compensation.
One of the most challenging aspects of an injury lawsuit involving a slip and fall is proving the cause of the fall and trip. It might not be immediately evident what caused the accident.
Common causes of slips and falls are:
- Concrete cracks, cracked sidewalks, or cracked concrete
- Cluttered pathways
- Loose or broken steps
- Poor lighting
- Slick or wet floors due to cleaning, materials put on the floor, or even ice or rain
- Uneven flooring
The first step in proving the cause of a slip and fall accident is to get the other party to admit fault. While proving fault does not mean that the other party intends to harm you, it does mean that their actions pose an unreasonable risk of injury.
Establishing Owner’s Knowledge
A vital issue in slip and fall cases is the issue of establishing the owner’s knowledge of the condition of the premises. Although slip and fall cases are often litigated, it is vital to have a skilled attorney representing you. Establishing an owner’s knowledge of a hazard is critical for recovering damages for your injuries.
Next, you must prove that the property owner or manager knew or should have known about the hazardous area. If the property owner is aware of the dangerous condition, they must fix it or warn others. They must have posted warning signs on their property to warn others about the hazard. Lastly, you must prove that the property owner or manager was in control of the dangerous area at the time of the accident.
Comparative Fault
Comparative negligence determines how much responsibility a person bears in a slip and fall case. It applied when the plaintiff’s negligence contributed to the accident. In other words, if the property owner was not negligent, the victim’s negligence contributed to the accident. The court will decide which party was at fault in a slip and fall case. This can result in a significantly lower award than the case would be otherwise.
The concept of comparative negligence is commonly used in car accidents and personal injury claims. Comparative fault reduces the total amount of damages awarded to the plaintiff by allocating fault to both parties. In a slip and fall case, if the defendant is at least 20 percent at fault, the plaintiff will only receive 80% of the damages. Likewise, if the property owner is at least 20 percent at fault, a plaintiff will not receive the full extent of their damages. If the jury splits 50-50 on the issue of negligence, the plaintiff will lose their case. However, contributory negligence penalizes even minor negligence. Thus, it is crucial to understand the difference between contributory negligence and comparative fault when filing a slip and fall case.
Lowball Settlement Offers
Often, the insurance adjuster will try to settle your case as quickly as possible. To do this, they will often make lowball settlement offers before you fully understand the severity of your injuries and the extent of treatment you will need. If you accept a lowball settlement offer, you will have no legal recourse if the adjuster tries to raise the amount they are offering you later.
Insurance companies do not care about your case and are usually eager to pay as little as possible. They have nothing to lose by offering a lowball settlement. If you’re struggling financially, you may be tempted to take the first offer that comes your way. Do not accept the first offer if someone else’s negligence has hurt you.
Insurance adjustors offer lowball settlement offers for one simple reason: they know many people will take the bait. This is why so many slip and fall victims have accepted far less than they needed and deserved. Insurance adjustors may also pressure or rush you to agree to the settlement offer. Remember that they are just trying to protect their bottom line and cross their fingers that you accept the offer.
Contact a Slip and Fall Attorney
Although a slip and fall lawsuit may seem simple, it is not always straightforward to win. This type of case requires complex legal requirements and may even involve a disputed liability. An experienced attorney can help you navigate these legal hurdles and maximize your chance of winning. If you’ve been injured in a slip and fall accident, you should contact a slip and fall attorney as soon as possible to get started collecting evidence and preparing a winning lawsuit.
The most common type of damages associated with slips and falls are medical bills, which are usually easy to prove since the injured party has proof of any expenses. However, future medical expenses, such as those related to ongoing treatment, can be more challenging to calculate. It is critical to consult with a slip and fall attorney to determine what damages will be fair for you.
If you have been injured in a slip and fall accident, it is crucial to contact a slip and falls attorney as soon as possible. If the injuries are severe, you may be under time constraints, but it will only strengthen your case against the defendant. Moreover, you should get immediate medical attention for your injuries. A good lawyer will be able to handle these issues quickly and efficiently and will work hard to maximize your compensation.
