Learn the process for proving fault (liability) in your slip and fall case
A majority of hospital emergency cases stem from injuries due to slip and falls, accounting for over 1 million ER visits in the United States alone. The occurrences of a slip and fall accident often occur in the workplace or on residential properties with faulty stairs, wet floors and poor lighting.
A slip and fall is a type of personal injury and premises liability claim that can be filed by persons suffering from an injury due to negligence on account of another, allowing such persons the right to file for compensation. If awarded, the compensation should cover all your medical expenses and treatments, depending on the severity of the damage. While this may reassuring, coping with tedious insurance companies can be daunting, mainly because they try all ways to revoke your claim.
Securing a successful claim and winning your compensation can take some time and perseverance, especially if you lack the experience and are unaware of the established protocols. Therefore, to improve your odds of success, it’s recommended you reach out to an experienced Georgia slip and fall lawyer right away.
What you need to prove in a slip and fall claim
To file a successful claim, you need to verify the following 3 things to increase your chances of emerging victorious.
1. Liability or “duty of care”
Suppose you’ve suffered an injury on someone else’s premises, especially when the accident was unavoidable or wasn’t due to any impairments to your judgment. In that case, you can take legal action. Homeowners and employers governed by Georgia law are to provide a legal and moral obligation to protect the well-being and health of those under their watch, also legally known as the “duty of care.”
Property owners are required to oblige by the duty of care protocols. More so, these protocols are ranked in levels concerning the entrant’s access to the premises. If you were formally or casually invited into their homestead, you are classified as an invitee, the highest entrant level.
The safety of all invitees is held accountable by the premises owner, failure to which will make them legally liable. However, trespassers exempt the homeowner from the duty of care protocols.
Therefore, your best chances of success when pursuing a slip and fall case is to prove that you are an invitee entrant or the licensee, and your injury wasn’t due to your negligence. This way, you will qualify for compensation under Georgia’s premises liability law.
2. Negligence
Another factor that improves your odds of a successful claim is to prove that the injury occurred due to the negligence of the property owner. For example:
Were there any signs regarding hazards around the building?
Did the homeowner verbally mention any potential dangers?
To hold the property owner liable for your injury, you need to prove that the owner withheld vital information or didn’t act in time to prevent harm from occurring to you or other guests. Things like a faulty staircase, poor lighting, slippery floors, exposed wires, holes or sharp and protruding objects can deem the property owner negligent in Georgia law courts.
3. Responsibility or fault
After suffering injury under someone else’s premises, you need to show that the defendant, the homeowner, is indeed responsible for your damage. The court will absolve all your claims if your injuries are caused by negligence, such as refusing to adhere to warnings, drunken accidents or getting injured as a result of incurring damages to the property.
If the latter holds, the defendant can counterclaim for compensation for the damage sustained, allowing them to recover potentially more than what you’re filing.
How to win your slip and fall claim
Follow these 3 tips to increase the odds of winning your Georgia premises liability case.
1. Gather proof of injury
When presenting your slip and fall case in a George law court, you need to secure evidence of your sustained damages to back up your claims. The evidence can be in the form of:
- Photographs
- X-rays
- Medical prescriptions
- Hospital bills
- Proof of unrecovered wages from missing out on work
- Receipts
By keeping track of your expenditure during your ordeal, you’re able to construct a just and fair compensation claim to cover medical treatment costs, lost wages, plus pain and suffering damages.
2. Document the accident
Materials, such as photos, letters or invitations, call logs, texts and time records linking you to the scene can significantly improve your claims. Therefore, when filing your slip and fall compensation claim, ensure to do the following:
- Take pictures as much as possible.
- Keep any invitation cards, texts or letters.
- Secure medical bills and costs.
- Report your accident to the property owner and your lawyer.
These will help solidify your claim as insurance companies and the defendant’s attorney may try to undervalue your claim leaving you to settle for less.
3. Seek an experienced Georgia slip and fall attorney
A professional attorney can severely increase your odds of success and help you through all the problematic legalities and protocols involved in filing for a slip and fall injury claim. Furthermore, when you hire a lawyer, they carry out thorough investigations to aid your claim, utilizing documents, witness reports and knowledge of the law.
Have you experienced any slip and fall injury due to the negligence of your boss or host?
Consider filing for a premises liability claim with our team of professional Georgia slip and fall lawyers for guaranteed and satisfactory compensation.
