Maximizing Your Chances Of Success In A Slip And Fall Lawsuit
During your initial conversation with a personal injury lawyer, the lawyer will probably mention that most personal injury cases do not go to trial. A more likely scenario is that your lawyer will negotiate with the party responsible for your injuries until that party offers you a big enough settlement to cover your accident-related losses; sometimes this happens before the injured plaintiff files a lawsuit and the court has assigned a judge to the case, and sometimes it happens after. In cases where the accident is covered by insurance, as in most traffic accident cases, the lawyer is able to negotiate with the relevant insurance companies for an adequate settlement. Likewise, the courts dismiss many cases shortly after the plaintiff files the lawsuit. You want your case to end in one of the outcomes that involve the defendant paying you enough money to cover your accident-related medical bills, with or without a judge ordering the defendant to pay. Premises liability laws, which cover slip and fall injuries and other injuries sustained by customers at places of business, seem straightforward, but unless you present your claims clearly and convincingly, prevailing in a premises liability case is harder than it sounds. A Columbia premises liability lawyer can help you maximize the chances of getting the money you need in a slip and fall case.
Was the Defendant Really Responsible for the Accident?
Premises liability laws state that business owners are legally responsible for preventing hazards that cause injury to customers. Therefore, to win your case, you must prove that the employees of the business knew about or reasonably should have known about the hazard, such as a wet floor or uneven walkway. You must also prove that you were a business invitee. This is easy to prove if you were visiting a restaurant or retail store or if you paid admission to a business such as a movie theater, skating rink, or bowling alley. If you slipped and fell while fishing on a pier where people can fish without paying admission, the defendant might be protected by the Recreational Use Statute, even if the pier is technically on private property.
Are Your Injuries Really Due to the Accident?
In a personal injury lawsuit, you must prove that your injuries are due to the defendant’s negligence (in this case, a slippery surface where you fell) and not due to any other cause. The long-term symptoms of slip and fall injuries, such as back pain, tend to be the symptoms that could result from almost any kind of injury. The defendant might try to argue that your pain is due to a pre-existing injury or simply due to the fact that you are no spring chicken. Going to the doctor or hospital immediately after the accident is the best way to ensure that your medical records clearly connect your injuries to the accident.
Let Us Help You Today
The personal injury lawyers at the Stanley Law Group can help you get enough money to cover your accident-related medical bills after a slip and fall accident. Contact The Stanley Law Group in Columbia, South Carolina or call (803)799-4700 for a free initial consultation.
Source:
scstatehouse.gov/code/t27c003.php
