Slip-and-fall accidents have been on the rise over the last few years. The NFSI (National Floor Safety Institute) estimates that these accidents account for over a million emergency room treatments. But while these incidents may be far too common, it’s never easy to recover the deserved monetary compensation.
Many challenges can limit you from getting justice, yet it won’t be fair to suffer the cost burden for injuries and damages caused by another person’s negligence. The best way to beat this is by partnering with an experienced slip-and-fall attorney from Morris Bart’s law firm.
What Makes It Difficult to File Successful Slip-and-Fall Accident Claims?
Slip-and-falls could lead to significant injuries and massive costs of seeking treatment and adjusting to a new lifestyle. As such, it makes sense to seek compensation from the liable party. Unfortunately, the following challenges could make it hard for you to get what you deserve:
Establishing the Facts
Plaintiffs have standard requirements at the initial stages of their injury claim. For instance, they must establish via testimony or documentation that an accident occurred and that it caused your injuries. In essence, the incident and damages were the respondent’s responsibility.
A police report is as vital as your medical documentation, but lacking solid documentation will simplify the defense team’s work.
Moreover, plaintiffs can file “John Doe” personal injury claims in some states as they try to identify the responsible party to sue for damages. This approach lets you access the court system before the deadlines. However, recovering damages is nearly impossible if you don’t establish the at-fault party.
Going to Trial
Another top hurdle for slip-and-fall plaintiffs is going to trial. Either party to the personal injury claim can request a trial, and this process usually presents challenges in selecting a jury or effective case presentation.
Whether you or the insurer takes the claim to trial, you are banking on the hope that the jury will decide to accept your argument and charge them with liability. You’ll need to prove negligence; hence you must gather sufficient evidence.
Resistance from Insurers
You must anticipate resistance by the insurance company and property owner’s attorneys as they’ll strive to avoid paying out anything. Their deeper pockets and societal position mean they have more resources to fight for this. The injury victim’s desperation for assistance makes it easy for insurance providers to deny claims, use delaying tactics, or present low-ball settlement offers.
Unfortunately, getting past this challenge may not be as easy if you don’t know the relevant laws or legal processes.
After identifying the respondent, the next stage would involve negotiations with them and their insurance company. If they don’t have assets to liquidate or insurance policies, your efforts to recover damages may be futile.
In a slip-and-fall accident, the potentially liable parties are many, making it even more difficult to apportion blame. Generally, one or some of these parties could be responsible for the accident and the resultant damages:
- Property manager – The agency charged with managing and maintaining the property will be responsible for damages if it was aware of the risk but failed to address it.
- Property owner – The person who owns the premises where you were hurt will be liable if they understand the existence of the fall hazard but didn’t fix the issue at the appropriate time.
- Government agency – When you’re hurt on government property, whether local, state, or federal, you can hold the agency accountable. But these cases have varying standards.
- Your employer – If you sustained injuries after a slip-and-fall accident at work, you could sue your employer and recover damages through their workers’ compensation insurance.
- Commercial tenant – The company that rents the space within the property can be considered negligent if its staff responsible for identifying and fixing the risk factors fail to perform their duty.
- Another homeowner – Did the slip-and-fall incident occur when you’re visiting another person’s home, they could be liable for failing to identify and fix any risk factor that led to the accident.
- You – It’s also possible to be considered at fault for your injuries if the court finds that you’re comparatively negligent. This is possible if you slipped while in an off-limits location or weren’t reasonably cautious.
Even if the case is straightforward, it may be difficult to bind the above parties to the accident. If the case involves an insurance company, the organization will provide the respondent with legal counsel. These agencies play a vital role in determining liability and use several defenses against your claim.
Filing the Case within the Appropriate Timelines
Each state has specific rules that determine how long a plaintiff should take before filing their injury claim. This is what is known as the statute of limitations.
In Louisiana, you have only one year to file the claim, while Mississippi and Arkansas residents have up to three years to prepare and file their injury claims. In Alabama, the statute of limitations defines a deadline of two years. All these timelines begin to count on the exact date of the accident.
It can be challenging to meet these timelines, especially if you’re also recovering from the injuries you sustained.
For a free legal consultation, call 800-537-8185
Overcoming the Challenges in Slip-and-Fall Cases
Numerous factors could prevent you from getting justice after a slip-and-fall accident caused by someone else’s negligence. However, you can quickly get around them by involving an experienced slip-and-fall attorney. The lawyer will help your case in the following ways:
- Determining the at-fault party responsible for your accident and proving that their negligence caused the injuries.
- Offering the required legal advice to help you avoid common mistakes and enable informed decisions on the next steps
- Protecting your rights to prevent exploitation by insurance adjusters
- Calculating the precise value of your total damages to determine the accurate compensation amount
- Handling out-of-court settlement negotiations to protect you from low-ball offers and exploitation by insurance companies
- Representing you in court to ensure a successful civil litigation process
- Defining and protecting your rights such that no one can deny you what you deserve
An Experienced Slip-and-Fall Attorney Is Ready to Take Care of Business
Slip-and-fall accidents culminate in challenging civil claims because of the challenges of uncovering evidence. It’s never a great decision to handle the claim alone. Fortunately, experienced slip-and-fall attorneys from Morris Bart’s law firm are ready to review your case for free, so don’t hesitate to call us.
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