Anyone can be the victim of a slip and fall accident. They most commonly occur in public areas such as shopping centres, retail stores and offices, and are usually caused by haphazard cleaning methods. If you find yourself a casualty of a slip and fall accident, you may have the right to submit a personal injury claim.
The process of making a slip and fall claim may seem arduous, but it is worthwhile to receive the appropriate compensation you deserve. Read on for a step by step guide on how to make a slip and fall claim.
There are certain steps you should take immediately after suffering your injury. If you are able, return to the site of the accident and take a photo of where your injury occurred and what caused it. Speak to witnesses who may have seen it happen and take down their contact details. For example, if your slip and fall accident occurred in a shopping centre, a nearby store worker may have witnessed it, so be sure to contact them.
Seek medical attention so that you have proof of the resulting injuries from your slip and fall accident. Make copies of any medical documents you receive as they will be instrumental in building your slip and fall claim later on.
Consult With a Compensation Lawyer
Your first step to making a personal injury claim is to consult with an experienced lawyer. Slip and fall lawyers will be able to summarise the details of your case and provide you with an expert opinion on how to prove you were the victim of a slip and fall accident. Owners and management personnel of public spaces have a duty of care to their patrons, which means you are entitled to a safe, risk-free environment.
Your lawyer will outline your rights and build a strong case for your personal injury claim.
Be sure to choose an experienced personal injury claim lawyer with plenty of experience and successful outcomes in similar cases. Not all slip and fall lawyers will have the expertise to best represent your case, so make sure you do a good amount of research and choose one that has a successful history in these types of cases.
Time limits for slip and fall claims can be quite strict so check that you are within the appropriate time-frame. Naturally, your lawyer will do this for you but it is still useful information to know.
Time limits for personal injury claims state that any legal action regarding the slip and fall accident should be made 3 years from the date the accident occurred. Sometimes exemptions are granted but you will have to prove that you had special circumstances that deterred you from taking action sooner.
Building Your Case
Once you have consulted with a personal injury claim lawyer, you will be asked to start collecting evidence to strengthen your case. This may involve the photographs and details you collected initially, as well as a statement regarding the incident, medical and travel expenses incurred from the injury and records outlining the resulting loss of earnings.
You will need to launch a public liability claim against the party at fault and their insurance company. The outcome of your claim will be dependent on the following factors:
- Whether the plaintiff owed you a duty of care
- Whether the accused party was negligent in providing appropriate care
- Whether you were hurt or suffered losses because of their lack of care
The time taken to reach a settlement will vary based on the seriousness of your injuries and losses. In personal injury claims where a slip and fall accident is less severe and the individual recovers quickly, a settlement can be reached sooner. However, cases that involve serious injuries can take longer, as it is harder to assess the full impact of the injuries until the individual has stabilised, so that an adequate compensation amount can be given.
Slip and fall lawyers will have a good idea of the time frame involved regarding your case. It is best to expect your claim to take approximately 12-18 months but this will vary based on your circumstances. The amount of compensation you receive will also be based on your situation but usually, it will cover medical expenses, loss of earnings, care and assistance, home modification etc.
If you have been involved in a slip and fall accident, you should consult with a lawyer about your options for a slip and fall claim going forward. If you are looking for experienced and expert slip and fall lawyers, contact Schreuders today.