Slip and fall injuries are exactly what they sound like. A person is injured because of something in the environment which has caused them to fall down. Lawsuits regarding these types of injuries require the victim to be able to prove the owner of the property caused the incident because of their negligence. Here are some explanations of how negligence is proven and what it can mean for the person who was damaged.
Who Is to Blame in a Slip and Fall
People fall for many reasons and it is not always due to their environment. Someone who has been injured because they were wearing new shoes or lost their balance due to a medical problem do not have a personal injury case.
But other incidents are considered negligence. Examples include a landlord who has neglected the repair of a damaged set of steps, a store owner who uses a rug which is not non-skid or an employee who leaves standing water on a floor when mopping without appropriate warning signage.
How to Prove Negligence
The court will not just take the word of the victim in these incidents, so proof is required. Boca Raton, FL slip and fall lawyers often suggest taking photographs of the area, finding witnesses to the incident and even contacting others who have suffered from the same problem. If the complaint is against a landlord, correspondence between the injured and the landlord regarding the issue can help to prove a long-term negligence. Other tenants in the building can contribute statements about their own experiences.
What to Expect for an Outcome
People should not expect to become rich from these sorts of cases. The judgements typically will cover medical costs, loss of income and potentially a small sum to cover pain and suffering. It is often limited to what is covered under liability insurance. Most of these cases will be settled out-of-court. This generally means the dollar amount will be lower, but the settlement is received sooner and will incur less legal costs.
There is a short amount of time for victims to file these types of complaints. Boca Raton, FL slip and fall lawyers will usually recommend that the injured person make a decision quickly because of this limited time frame, but because they can build a better case when memories are fresh. Time can make it possible to forget important details and lose photos or other necessary documentation. Visit Abramowitz, Pomerantz & Morehead, P.A for more details.