If you were hurt in a slip-and-fall accident on someone else's property, you might be entitled to compensation for your medical bills and other damages. When pursuing a claim for such a case, three crucial elements determine the settlement's outcome:
● Who is the liable party?
● How did the responsible party play a role in the accident?
● Did the injured person contribute to the incident?
Premise liability claims can be complex, and your compensation depends on several factors. Let’s explore how slip and fall cases are settled.
Establishing Liability
In filing slip and fall claims, the first step is to determine who is responsible for the accident. Property and business owners have a legal duty to maintain a safe environment for their customers and visitors. Failing to do so can hold them liable for any injuries that may occur on their premises, and victims can file a case against them.
If a property or business owner has liability coverage, their insurer will cover the cost of damages up to the policy limits. In such cases, the injured person should pursue a claim with the insurance company.
Proving Negligence
In premise liability claims, establishing negligence means showing the property or business owner did not maintain a safe place. For instance, they did not repair any issues in the area or warn visitors of hazards like wet floors. The victim must then prove that the negligent act caused their injuries. You can use evidence like photos, videos, and witness testimonies to strengthen your case.
Determining the Victim’s Role in the Accident
In slip-and-fall cases, the victim must be free from fault to hold the defendant fully liable. Some states may reduce compensation depending on the injured person's degree of fault in the accident. Other states, however, may completely deny settlements if the victim shares any blame.
Calculating Damages
Trip and fall accidents can cause severe injuries, like head trauma and broken hips. A successful slip-and-fall settlement process can fund your medical treatment and help rebuild your life. Generally, you can claim damages, such as:
● Medical expenses
● Lost wages
● Pain and suffering
● Loss of companionship
Your compensation will depend on the nature and extent of your injuries, how they affected your life, and the liable party's degree of fault. A lawyer can help calculate the amount you're entitled to and negotiate a fair settlement with the property owner or insurer. Insurance companies may pay out as little as possible, so work only with experienced
personal injury lawyers.
Consult With a Trusted Slip and Fall Lawyer
If you've been injured in a slip and fall accident in Louisiana, Murphy Law Firm can help you. Our team's competent
slip and fall attorney will investigate your accident and ensure you receive the maximum settlement possible. Contact us today for a free consultation.
