Your shoulder has been bothering you ever since you took a tumble in a parking lot. Your doctor has told you that you won’t need surgery, but your arm must stay immobile for several weeks, which seriously inhibits your ability to work. You never thought you would be the type of person to file a lawsuit, but the store really should have had lights on its property—and you shouldn’t be forced to suffer for their oversight. Should you take legal action against the business for your fall?
Who Should File a Slip and Fall Lawsuit?
There are many advantages to filing a claim against the person responsible for your injury. Firstly, you can get the money you need to pay for your medical costs and lost income during the time you recovered from your injury. If you were permanently injured, you could even receive an additional amount for your unnecessary pain and suffering. Finally, your case can prevent others from suffering a similar injury, as the terms of your lawsuit can dictate that the property owner take steps to correct the problem that led to your accident.
However, not all victims are good candidates for a slip-and-fall lawsuit. If you have recovered from your injuries and your insurance has covered the cost of your treatments, you will likely not need to sue. Victims who have lost a considerable amount of income, mobility, or property are most likely to be able to win compensation, especially if they have:
- Proof. A slip-and-fall case is only as strong as the evidence used to support it. You will need to provide medical records that definitively show the extent of your injury, as well as a direct causation between the accident and the property owner’s negligence.
- Prior warning. Many businesses are required to complete incident reports when a customer is injured on their property. If several others have suffered accidents similar to yours in the past, you may be able to demonstrate that the company had plenty of advance warning to correct the problem, but never did so. This will help convince the jury that the business was guilty of negligence.
- Irrevocable losses. The most common reason injured victims file injury suits is because they do not have the money to pay for their injury costs. Victims who have sustained serious losses, such as paralysis or other permanent effects, are more likely to suffer ill health and increased medical bills for the rest of their lives, forcing them to pay out-of-pocket for care if their insurance refuses to cover the cost.
- Compelling testimony. A serious fall can cause a wide range of injuries that can affect a person’s ability to live and work in a variety of ways. A back injury may prevent a victim from performing a job he spent years training to do, while a spinal cord injury may prevent a woman from having children. Your attorney can help you explain the full effects of your injury to a jury to present a full picture of your suffering.
What Else Should I Know?
Many victims who are hoping for a fast resolution to their cases are sorely disappointed. Lawsuits can take anywhere from a few months to several years to fully resolve, so you should consult with an attorney as soon as possible to create a timeline that is specific to your case. At Wayne Wright, our legal team can examine the facts of your accident and tell you what to expect in the coming months. Click the contact link on this page to find out how we can help you recover. For immediate assistance, call 210-888-8888.