Slip And Fall Injury Claims – If you’ve suffered injuries after slipping and falling in a restaurant or parking lot, you may wonder if legal action is worth it. Do you really have a legal case? Will it be easy to prove that the home owner is responsible? These are important questions to ask yourself, but you need to learn more about the legal system before making an informed decision.
In order to take your case to court, it is important to first understand what constitutes a slip and fall case under Kentucky law. Basically, you must prove that the landlord’s negligence led to your injury. Examples of negligence are as follows:
Slip And Fall Injury Claims
To determine if your potential slip and fall case actually meets these criteria and can prove all of the above, it is best to consult with a legal professional.
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When considering whether it’s worth pursuing a slip and fall case, you also need to consider something called the burden of proof. In Kentucky law, this is a concept that has evolved over the years in relation to slip and fall situations. Initially, the burden of proof fell squarely on the plaintiff’s shoulders. This means, the injured party needs to prove that the property owner was actually negligent. This all changed in 2003 when a woman named Brenda Lanier filed a lawsuit against Walmart. The problem was that Lanier could not prove how wet the surface was, and summary judgment was granted to Walmart. However, Lanier appealed and the court acknowledged that there was an undue burden placed on the plaintiff. How can it possibly be white as long as the surface is wet? The decision was reversed, and this development had a major impact on Kentucky’s future decline and fall.
Today, the burden of proof falls partly on property owners and partly on the plaintiff. This means that while you still need to prove negligence on the owner’s part, they also need to prove they were not negligent. In other words, the burden of proof has shifted in recent years.
In the case of Lanier v. Wal-Mart Stores in 2003 means that plaintiffs now have a better chance of winning their slip and fall cases in Kentucky. That being said, it is always a good idea to consult with an attorney who has experience in this particular area. Consulting with experienced legal professionals is really the best way to determine if your slip and fall case is worth bringing to court, as every situation is different. Contact Roberts Law Office today, and we’ll help you figure out the best course of action. If you or someone close to you has been involved in a slip and fall accident, it is important that you consider hiring an experienced attorney to help you with your case. A slip and fall case is considered a personal injury claim that may require a lawsuit, so you need an experienced personal injury attorney to help you with your fall injuries.
Slip and fall accidents are classified as construction liability claims. Slip and fall accidents in hazardous property situations are common. They can occur in commercial properties such as parking lots, office buildings, or retail stores. The most common injuries include:
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These accidents often occur where there are obstacles in the way, slippery floors or stairs, icy roads on private property, and even missing handrails.
Immediately after a slip and fall accident, the first thing you should do is document as much information as you can. Use your cell phone to take pictures and videos of any possible evidence, your injury, and the condition or fault that caused your fall.
After that, contact an attorney right away to get a free consultation and determine if you have a valid claim to recover compensation for your damages moving forward.
You can work with a slip and fall attorney to recover financial compensation if you have been injured. If necessary, you can file a lawsuit to collect from the responsible party if you cannot reach a negotiated settlement. However, each case is different. To win your case against the property owner or their insurance company, you must prove that your injuries were caused by the other party’s negligence.
Things To Remember About Slip & Fall Accidents
Also read: How long does it take to settle a personal injury lawsuit? Accident injuries can be painful and painful, especially when the accident was not your fault. In addition, there are…
If you’re walking in high heels and you slip and fall in the middle of a parking lot with no defects, then you probably don’t have grounds to claim an injury. Conversely, if you’re walking across a snow-covered parking lot, it’s the middle of the day, when the store is open for hours, and you hear an employee say that the homeowner is aware of the snow. because three other people have already slipped, then you would have a case.
You are not required to hire an attorney for a slip and fall injury claim, but working with an experienced attorney can make things much easier and likely result in more money in compensation.
If you are making a claim, there is a lot of information you must document and a lot of evidence you and your attorney must provide. Failure to do so may result in your case being dismissed.
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Also, there are times when you need to press your case. If you’re suing a city because the accident happened on public property, you may only have a few days to file your “notice of intent to file a complaint.” In a lawsuit against a private party, the claim can be brought at any time before the statute of limitations expires. But you should not delay before contacting a qualified attorney who can start gathering evidence right away.
Dealing with insurance companies can be difficult. A negligent person’s insurance company will defend a claim for compensation after a slip and fall accident. Most insurance companies will fight hard to avoid paying even if your case is legitimate. That’s why it can be so easy to let a lawyer fight on your behalf.
If the insurance company fails to pay you the compensation you think you deserve, the next step is to file a claim. This, likewise, requires a lot of paperwork, proof, and deadlines. Working with an attorney can make all of this much easier.
A slip and fall accident attorney should offer a free case evaluation. During this evaluation, they can go over the specifics of your fall, any medical bills and lost wages you may have, and what evidence exists to prove that the property owners were negligent. With a quick review, a qualified attorney will be able to tell you whether you have slip and fall injury claims against the property owners and their insurers based on your local law.
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A slip and fall accident attorney can help you document the hazards that caused your accident. You need to identify evidence that proves the situation was dangerous and caused your injury. This may include taking pictures of things like:
Depending on where you live, you may only have a few days to file a slip and fall accident claim, which is why it’s important to work with an attorney right away. A fall and slip attorney can make sure you have the documents you need to prove your case and file the paperwork within the required time frame.
A slip and fall attorney can help you prove all of the damages you suffered as a result of your accident. This is a complex legal process that is greatly simplified with the help of a legal team. That group can help you clarify:
If you are not familiar with the legal system in your area, you may skip important steps in proving these damages. For example:
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Some people who suffer injuries after a slip and fall do not go to the doctor because they feel better immediately after the incident. If the injury gets progressively worse over time, they do not have the injury medically documented at the time it occurred.
Without proper documentation of the damage when it occurred, it can be difficult to prove that it was the result of damage to another party’s property three months or even six months later. Unless you seek immediate medical care, you are unlikely to receive compensation for subsequent health problems, medical bills, lost wages, and so on.
A good slip and fall attorney will make sure you have medically documented injuries and have a medical opinion explaining how those injuries caused your inability to work and your subsequent medical expenses.
Remember, it’s not enough
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