If you’ve suffered a slip and fall accident as a result of someone else’s negligence, you should waste no time filing a lawsuit. Now, just like any other lawsuit, this one comes with its own set of challenges. The primary challenge here would be proving liability in a slip and fall accident.
Despite the challenges involved, these cases are not impossible to win. Your best shot at getting justice and compensation would be to hire competent lawyers who know their onions about personal injury law.
In this article, we’ll give you an extensive rundown of all the factors that make slip and fall accident cases so challenging. We’ll also give you pointers (which your lawyers already know) that can help you decomplexify the process.
What Makes Slip and Fall Cases Difficult to Win?
Here are some of the challenges that might stop you from getting the compensation that you deserve:
Inadequate Evidence
Without substantial evidence, your lawyer might have a hard time convincing the jury that the accident was caused by negligence on the part of the defendant.
Victim’s Contribution to the Accident
If the victim played a part in causing the accident, the compensation might be reduced or even denied altogether. For example, if you were on your phone and oblivious to your surroundings before you slipped, the defendant is likely to be exonerated.
Pre-Existing Condition
In some cases, the victim may be suffering from a preexisting condition that triggered the fall. In situations like this, the compensation offer might be reduced.
Delayed Medical Attention
The law mandates that a victim get medical help immediately after an accident. The results can serve as evidence that your injuries were caused by the slip. If medical attention is delayed, your insurance company might argue otherwise.
How to Overcome the Challenges Involved
Now that we’ve discussed the downsides, here are some ways to overcome challenges and enhance your chances of winning a slip and fall accident case:
Documenting Everything
You need to gather printed evidence of every record relating to the accident. This collection should include your medical report, receipts, bills, and even reports from a mental health expert. All of this will strengthen your evidence and give the jury more reason to rule in your favor.
Prove Negligence
The success of your case depends on your ability to prove liability. You must provide evidence that establishes that the defendant neglected their duty of care.
Your attorney can help you demonstrate that they knew about the hazardous conditions, should have known, or failed to address them reasonably. This might involve gathering records of past incidents or demonstrating a pattern of negligence.
Refrain from Self-Incrimination
Be consistent in your statements and actions throughout the case. Any inconsistencies could be used against you. Provide accurate and truthful information to your attorney, medical professionals, and any other involved parties.
Invest in a Competent Attorney
The right attorney can make or break your case. You must invest time and effort into finding an attorney who specializes in your case. These attorneys fully understand how courts work. They know the right means, strategies, and documents that can guarantee you a win.
Wrapping Up
The smartest choice you can make is to hire a lawyer who knows his onions. During this period, it’s important to have an attorney who understands your rights and options and can fully explain them to you in simple terms.