Slip and fall accidents are popular cases. They are handled under the negligence law as it is believed that they happen as a result of negligence by another party.
Slip and fall accidents can happen in commercial places, government property, or workplaces. In either case, the responsible party is held liable to the damages on the victim. The liable party is expected to pay for costs incurred as a result of the damage such as medical costs, lost wages as a result of temporary or permanent disability, and damaged property. Find a slip and fall attorney that can build a strong case for.
Slip and fall cases must be filed within three years from the day of the incident. This statute of limitation applies for all types of slip and fall claims including cases against the government and cases seeking compensation for damaged property.
Slip and fall cases must fulfill the following two elements:
In court cases, the victim must prove the two elements to win the trial. The victim is also expected to prove the extent of damages they suffered as a result of the accident. Therefore, it is important to properly document the claim and any relevant evidence.
For instance, once the accident occurs, be sure that you notify the property owner as soon as possible. The incident must be documented as required by business safety laws. Once you seek medical attention, be sure that medical records are documented. It is imperative that you contact one of the lawyer immediately after the incident. This procedure builds the basis for your claim and case.
Slip and fall settlements seek compensation for the victim. The liable party is expected to compensate the victim appropriately. Notably, the property owner is not always the liable party. For instance, in a slip and fall accident in a mall, the insurance company becomes the liable party.
The negligence law has a comparative negligence statute that also holds the victim liable for the accident. This law places liability on both the victim and the property owner/insurance company. It is expected that the victim should have taken certain caution to prevent the accident from happening. Moreover, if more than one party is liable for the accident, the law provides for joint liability in which all parties involved are held liable.
Slip and fall cases rarely go to court. There is an effort to settle these cases by alternative means, partly because of the cost of a legal trial. Often, upon filing a complaint to the liable party, the party/insurance company may offer you a compensation amount. With the help of an experienced attorney such as Mark Yampaglia Law PC, you can determine whether or not the compensation is fair. Negotiations continue between the victim and the defendant until an agreement is reached.
Cases that proceed to court are often those which the two parties cannot reach an agreement. However, be sure that the time and cost of going to court will be worthwhile before proceeding any further. If you are wondering how to find a lawer for back pain, you came to the right place.
Slip and fall lawyers are professionally trained and experienced to deal with any form of personal injury cases. These attorneys help you follow the required legal procedure in filing a claim and seeking a settlement. In case you are involved in a slip and fall incident, it is paramount that you contact an attorney immediately.
Contact the Law Office of Mark Yampaglia today for a consultation. We have handled numerous cases like yours and are committed to seeing that the claimants are compensated fairly. Our team is dedicated to ensuring that your interests and rights are well protected.