Are Slip and Fall Accidents Difficult to Win?
Slip and fall accidents are not necessarily difficult to win, but they have specific requirements for proving liability.
A slip and fall case comes from an incident where the claimant suffers an injury due to slipping and falling in a certain location. This location can be either private, such as a neighbor’s property or a corporate building, or public, such as a park or bus station.
To claim compensation, the first thing that should be done is to show that the defendant is the right party to hold liable for the injury. Otherwise, it wouldn’t matter how strong the causation is between the accident and the resulting injuries. If it’s not filed against the right party, it’s simply an exercise in barking at the wrong tree.
Evidence and Report of the Slip and Fall Accident
In a slip and fall case, filing a slip and fall incident report as soon as possible is important. This documentation shows that the injured party did make an effort to notify the liable party of the incident.
Ideally, it should include pertinent details from the accident, such as the when, where, how, and who else may have been involved or witnessed the incident. The more specific the details are, the more helpful they will be to the case.
There are many possible sources of evidence for a slip and fall accident. Eye witness testimonies, photographic evidence, audio, and video recordings, or even security camera captures can be used to prove slip and fall.
But what if these are not available? If no immediate evidence can be provided, either because there was no one else around or the incident occurred in a blind spot, the injured party’s medical report can help.
Records from the emergency room when the injured party sought emergency care can testify to the severity of the injury. It can also help establish causation between the incident and the resulting injuries.
The evidence and report should also prove the following:
- The cause of the accident was a dangerous situation.
- The property owner or possessor knew this dangerous situation.
- The injured party should not have anticipated this perilous situation.
- There were no actions taken to prevent or remedy this dangerous situation.
Seeking Legal Representation
When seeking legal representation from Las Vegas injury attorneys for your slip and fall case, there are certain things that you should carefully consider.
Statute of Limitations for Filing a Claim
The first thing you should consider is the statute of limitations. Whether you’re filing a claim for your injury or on behalf of your family, you should be aware of how much time you have to make a claim.
In Las Vegas, the law provides a maximum of two years as an acceptable window to file a personal injury lawsuit. Once this statute of limitations expires, it wouldn’t matter how strong your case may be. It will not be accepted anymore by the court.
That’s why it’s important to get in touch with personal injury lawyers in Las Vegas at the soonest possible instance to get the process started.
Representation for Damages and Compensation
Economic damages have to do with your lost wages and income because of your medical treatment and recovery. It includes the cost of your medical bills, legal fees, as well as the cost of property damage.
Non-economic damages pertain to the pain and suffering you might have experienced, or are still experiencing, because of the accident. It could be due to a diminished quality of life, anxiety, depression, or economic suffering for the family and others.
The amount of compensation will depend on the damages sought. It’s possible to get even more than what the claim originally seeks, depending on how the court interprets the evidence presented.
At the very least, however, it should reflect the cost of economic damages. If there are any exacerbating circumstances that you know of, you should also make your lawyer aware of this so that it can be taken into account.
The Dobberstein Law Group can help you pursue justice with the right compensation claim. Seek a consultation today, and don’t miss your opportunity to seek compensation.