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WHAT YOUR LAWYER MUST PROVE TO WIN A SLIP AND FALL INJURY SUIT

Genevieve Preas by Genevieve Preas
August 18, 2021
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WHAT YOUR LAWYER MUST PROVE TO WIN A SLIP AND FALL INJURY SUIT
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The main job of a personal injury attorney is to prove without reasonable doubt that the accused party is liable for any injury or inconvenience suffered by their client. They have to prove negligence on the part of their opponent and ultimately compel them to properly compensate their client.

Slip and fall injury suits are a little different from other accidents because the victims typically come to harm all by themselves. They could be walking in a mall, department store, or even office space and slip, spraining an ankle, hitting their head, or other sensitive parts sustaining mild to grave injuries. Sometimes the injured part could just be their pride. Either way, if the accident was caused by the negligence of the establishment, it is incumbent on a good slip and fall lawyer to establish certain facts.

Establish Negligence and Liability.

A part of the social contract is to ensure that the activities, actions, or inactions of any individual or body do not cause harm to another person. Leaving out items that someone could knock over and fall, hurting themselves is grounds for a suit. Businesses are expected to ensure that their floors are safe for walking and their workspaces ergonomically designed and set up to eliminate the chances of accidents. If slip and fall lawyers can prove that the water that was spilled, wires that were left loose, or ice that was unthawed in front of the store was the reason why the accident occurred, the liable party will be forced to pay.

Proving Victim Credibility and Non-Liability.

In the course of the suit, it can be argued that the victim could have been responsible for their own injuries and could even be faking it to get some money. There are so many ways to discredit a victim. It is up to the lawyers to prove the claims of their clients and prove that they could not have been responsible for their injuries. The injury lawyers will need to acquire verifiable medical reports chronicling the severity of the injuries. Surveillance footage and witness statements are also invaluable as they help define and describe the incident as it happened. A professional sweep of the location can also determine whether or not it was a hazardous place, to begin with.

Negotiate A Proper Settlement.

After establishing negligence and liability and proving victim credibility, the lawyers are burdened with the task of tactfully negotiating a proper and commensurate settlement on behalf of their clients. They will need to determine what the appropriate amount of compensation should be and insist o a certain range. If both parties can reach an agreement, the matter is resolved and closed. If, however, there is a stalemate in talks, the matter may then be taken to court and after several deliberations, the judge will decide.

Conclusion.

Slip and fall injury claims can be quite dicey. Several things need to be proven and most cases are thrown out because of poor documentation and insufficient evidence. However, a good lawyer should be able to prove his client’s claims are credible and push for a win.

Genevieve Preas
Genevieve Preas
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