Slip and Fall Accidents

If you slipped, tripped or fell and was injured as a result, you may be entitled to compensation for general damages such as pain and suffering, loss of income and ability to earn income, home maintenance and housekeeping and health care expenses not covered by the Health Insurance Plan. You can make these claims from the party responsible for your accident.

Slip and fall accidents are the most common premises for liability claims. According to law, it is the responsibility of the store, business, or private property owner to ensure the safety of anyone who enters their premises. Even municipalities and cities can be held accountable if your slip and fall accident happened in a public area or what is considered municipal property because the law also states that they are responsible for the upkeep of public walkways.

Types of injuries that can be incurred in a slip and fall accident are bruises, cuts, loss of blood, broken bones, musculoskeletal injuries, back injuries, concussion and even death. These injuries are commonly caused by slipping or falling in the ice and snow, slippery or sticky floors, uneven surfaces, unmarked step-downs, floor or stairway defects and inadequate lighting, among other reasons.

Slip and fall accidents can occur anywhere such as in restaurants, grocery stores, night clubs and bars, shopping centers and malls, retail stores, golf courses, theme parks, street or road, park or playground, sidewalk, airport terminal, construction zone or even in homes.

Whether you slipped, tripped or fell, this will be termed slip and fall accident and the injuries that you incur will form the basis for a personal injury claim which you need to file within the prescribed time. The law dictates that any slip and fall claim must be filed within two years of the accident. However, you should not be complacent because prescribed times will depend on where and when you were injured. In some cases, you will only have seven days to notify the at-fault party that you intend to file a claim. If the area where you had your slip and fall accident is under the jurisdiction of the municipality, you have seven days to notify the municipality of the accident otherwise you will not be able to file a claim against them.

Your claim will also depend on where the slip and fall accident happened and how it happened. A lawsuit for slip and fall case must be able to prove negligence on the part of the property owner for allowing a hazardous condition wherein there’s a potential for injury to occur. A slip and fall case in Ontario is another term for a slip and fall insurance claim.

Contributory negligence means that you contributed to your injury by not properly looking out for your own safety such as not wearing the proper footwear, or not paying attention, among others. If you are cited for contributory negligence, you are still entitled to receive compensation, however, the amount of compensation will be reduced in accordance with the degree to which you contributed to the accident.

If you are involved in a slip and fall accident, it will be to your best advantage if you immediately seek the advice of a lawyer who has extensive experience in this field. Liability claims can be very complex and if you or your loved one have been injured, it will not be easy to have a clear head which will be needed to sort out your case on your own.. The lawyer will also be able to determine all compensation to which you are entitled as a result of the slip and fall accident.

It is best to seek legal advice immediately after your slip and fall accident because physical evidence to support your claim may change quickly. You may have to provide notice of the accident to the at fault party within a very short period of time. For example, if you slipped on ice, this could soon melt away. Also, business owners may attempt to remedy unsafe premise issues after your accident. It is recommended to take photos of unsafe circumstances that led to your fall. We can help ensure you get the full compensation you deserve after being injured in a slip and fall or trip and fall accident.

Questions and Answers about Your Personal Injury Case

The purpose of this information is to enlighten you about personal injury law and to explain how the different parties involved will handle your case. A thorough understanding of the details of your personal injury case can help promote a fair, adequate settlement.

What is the most important thing for me to do after my injury?

The most important thing for you to do, quite simply, is to recover from your injury. The law requires injured people to "mitigate their damages." In other words, the law requires you to do that which is necessary to improve your physical condition and recover from your injury.

How will my lawyer handle my case?

After initial meetings with you, your lawyer will investigate your claim. This usually requires a review of some or all of the following:

• Witness statements
• Police reports
• A possible visit to the scene of the incident
• A review of appropriate laws
• A review of all medical reports

How will my lawyer be paid and what is a contingent fee agreement?

In almost all personal injury cases, your attorney will be paid by keeping a percentage or portion of the final settlement or court award resulting from you injury. The percentage will be discussed with you and will be the subject of what is called a contingent fee agreement. The law requires, for your protection and that of your lawyer, a written contract which specifies the fee he or she will charge so there will be no misunderstanding about how much your case will cost.

What can I do to convince the insurance company that my claim is valid?

As stated above, the most important thing you can do is to recover as quickly as possible from your injury. Insurance company personnel tend to believe those people who actively try to recover from their injuries. Also, insurance companies believe those people who can document their injuries through medical bills, credible medical reports and accurate lost wage information that is neither exaggerated nor subject to dispute and interpretation.

When will my case settle?

It is impossible in the early stages of a personal injury claim to predict when that particular claim will actually settle. Some cases settle in a matter of months after the injury while others can take years to get to settlement or trial.

How much is my case worth?

This question is one of the most frequently asked questions and is also very difficult to answer in the early stages. It is virtually impossible to predict the value of a case until all of the information has been collected and you have recovered or almost recovered from your injury.

There are many factors that determine the value of a case and reasons for settling. Some include:

The actual amount of all of your medical bills.

How much income and other employment benefits were lost as a result of your injury.

Whether or not any aspect of your injuries are permanent. This would also include permanent disfigurement such as scars, blemishes and other disfigurement characteristics.

After the insurance company and my attorney agree upon settlement, how long will it take to get my money?

After an agreement has been reached between the insurance company and you through your lawyer, it usually takes between two and six weeks to complete the settlement process. There may be exceptions to his range, but the average time to sign all documents, receive the check, and figure out the exact proceeds for each party usually requires at least a month.

What has to be done before I get the money that is due me from the settlement?

First, the insurance company will require that you, and perhaps your spouse, sign a release. This is a document that settles your claim. In the release you will read language stating that you are forever giving up your right to sue the person, persons or company who was responsible for your injuries. In exchange for giving up your claim, you will receive a certain sum of money when the insurance company receives the release.

Second, your lawyer will have to pay medical bills that have not been paid and may be required to reimburse any insurance company that has expended money for medical bills.

Third, your lawyer will deduct attorney's fees, out-of-pocket expenses, and other possible costs associated with the claim. After all deductions have been made, you will receive the balance in a check processed from your own attorney's office.

What factors would cause my case to go to litigation?

There are usually several reasons why a case does not settle including the following:

The insurance company believes that you and your lawyer have asked for more money than they are willing to pay voluntarily for the claim.

Liability, that is, who is at fault, is either being denied by the insurance company or the insurance company believes that you and/or some other party bear some responsibility for your own injuries.

The insurance company does not believe that you were injured, or that you were injured as badly as you claim.

I need legal help. Where can I get a free claim evaluation?

Accident and injury lawsuits are often complex, requiring medical evidence, expert testimony, and a detailed knowledge of negligence law. In order to ensure that your case is as well-prepared as possible, it's important to seek out an attorney who is experienced in personal injury law. To get started, you can get a free claim evaluation from an injury attorney near you.