Exploring Civil Case Proceedings

Slip And Fall Injuries: Easy To Explain, Difficult To Prove Without Legal Assistance

30 June 2015 by Becky Freeman

Slip and fall injuries have, in the eyes of many, earned a bad rap. Seen as exaggerated injuries by con men (or women) seeking to milk companies out of exorbitant amounts of money, the real physical and emotional pain from legitimate victims often goes unnoticed. However, every year slip and fall accidents result in one million emergency room visits and comprise 85% of all workers comp claims. If you have slipped and fallen because of an employer or store manager's negligence, your pain is quite real, and you need legal help that is just as genuine. Here is a look at the state of slip and fall accidents in this country and why it is critical to have legal representation.

Defining terms

First of all, a slip and fall injury is one that resulted from an unsafe work, retail, or public environment. For instance, you may have slipped and fallen on a freshly mopped floor at the grocery store, or tripped over the plumber's tools abandoned outside your office door. This kind of case falls under the category of personal injury cases. It is considered a tort, which is a civil (as opposed to criminal) wrong that results in someone's physical or emotional harm. In other words, someone's negligence in regards to a hazardous situation caused your injury. If you can prove the negligence, you have a right under the law to compensation (payment) for your medical costs, future treatment, and pain/suffering you endured.

How do you prove liability?

There are three ways to prove that the person responsible for maintaining the environment in which you slipped and fell was liable for your injury.

1. The owner caused the hazardous situation.

2. The owner must have known about the danger but did nothing to safeguard those in the area from injury.

3. The owner should have known about the danger because a "reasonable" person would have noticed the danger and safeguarded the area.

While you may immediately categorize your situation as one of the above, it will probably be much harder to prove it than you think.

Roadblocks to proving your case

Enter the insurance company for the person from whom you are seeking compensation. The insurance company is not going to want to simply admit fault and pay your claim. Insurance companies, after all, are businesses and want to hang on to as much of their policyholders' premiums as they can. These companies keep experienced attorneys on staff and are ready to disprove your claim in a heartbeat. They refute your claim of liability in two main ways:

1. The owner of the business where you slipped and fell is not liable.

2. You were actually responsible for your fall.

Even if you believe the evidence points irrefutably to the business owner's responsibility, experienced insurance attorneys have bags full of tricks to keep him/her from being found liable for your injuries.

You need a lawyer

Don't make the mistake of taking on the insurance company by yourself. For no charge, you can meet with a personal injury attorney who specializes in slip and fall cases and discuss your case. If it is clear you have a legitimate case against the business where you were injured, the attorney will take your case on a contingency basis. This means you do not pay anything until you receive an award for your injuries. The attorney has the expertise to foresee the insurance company's tactics and thwart them with medical documentation, witness statements, and objective evidence.

Don't let the bad rap of slip and fall cases prevent you from getting the justice that you need. You suffered real injuries and deserve compensation. Visit websites like http://www.putnamlieb.com for more information.   

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