Been Involved in a Slip or Fall? Important Considerations Before Claiming Compensation (in the USA)

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Experiencing an accidental fall can be devastating, where it is not beyond the realms of possibility to break bones, slip a disc in your back or suffer ligament damage in the blink of an eye. If you have fallen on someone else’s property and injured yourself, there’s a good chance you’re entitled to compensation, and if you find yourself in this situation, one of the best ways to gain a better understanding of your rights is to speak with a personal injury lawyer. They will initially determine whether you have a valid claim, and subsequently represent your individual case legally.

Below is a guideline of basic rights, considerations, and information to collect if you’ve been involved in an accident and are uncertain of whether you have a valid legal claim. This can help guide you through the process, but remember to consult with a professional who has the ability to maximise your payout. If you live in the Wisconsin area, consulting a law firm Madison WI is a highly recommended option, where conducting appropriate research will help you decide upon the personal injury attorney who suits your requirements.

Dangerous Conditions Present

The owner of a given property is solely responsible for the conditions of his premises, and if there are dangers present then he is either aware of the current state of affairs or should be. There is however scope for the owner to claim that he’s not liable for the injuries caused by a fall on their premises, where despite people falling due to dangerous conditions, if it is determined that the owner acted reasonably under the circumstances, he can avoid liability for the incident. It is however fair to assume that if you have hurt yourself on someone else’s property, you should contact a professional who will quickly determine whether you have a claim for compensation.

Owner has Knowledge of Dangerous Conditions

If the property owner does or should have had knowledge of the dangerous conditions on their property, they are essentially responsible for injuries which derive from said conditions. Spills and falls are common within supermarkets and other stores, and if owners have knowledge of the spills but fail to clean the area, they can potentially be held liable. This is usually the case, though counter arguments or possible from a legal perspective, such as the owner claiming that if they had conducted a reasonable inspection of the area, they certainly would of identified any problems and addressed them immediately.

Injury Caused by Dangerous Condition
If you suffer injuries as a result of a slip or fall, the owner of the property is responsible for your medical bills, even if they are covered by insurance. If you work for a store, they are liable to cover your lost earnings and other economic losses, alongside compensatory damages for the suffering experienced at their expense. This is boosted if it is deemed likely that you’ll continue to experience issues in future, in which case you will rightfully receive compensation because of the inconvenience and harm caused.

Collecting information relating to the aforementioned points can vitally support your legal claim, and even if you fail to collect all the information necessary, it can subsequently be obtained during the course of a lawsuit, and claims can legitimately be made within two years of an accident taking place.

I hope you have found this article informative, and be sure to consult with a professional if you have been involved in an accident, because you could well be entitled to compensation.

August 1, 2017 · Tim Kevan · Comments Closed
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