Slip and Fall

What to Expect In a Slip and Fall Lawsuit Process

By October 18, 2019 No Comments

Even a minor slip and fall can significantly impact your health and financial status. Unfortunately, the negligence of a property owner is often the cause of a slip and fall incident.

If you suffer injuries from a slip and fall on another person’s property, you can file a premises liability lawsuit. In such a case, you’d seek to hold the premise owner accountable and to recover the appropriate compensation.

What to Do After a Slip and Fall Happens

According to the National Floor Safety Institute, slips and falls account for more than one million hospital emergency room visits. Such incidents usually happen in public places, including offices, stores and restaurants.

When a slip and fall occurs, you must notify the property management or security personal immediately. That will allow them to file an accident report. Additionally, you should seek immediate medical attention even if your injuries seem minor.

Failing to report the accident early or getting prompt medical care could jeopardize your right to reimbursement.

In the aftermath of the slip and fall incident, an insurance firm representative might call you, seeking to settle your claim. But, before you make any statements or sign documents, consider speaking with a premises liability lawyer first.

The aim of most insurance firms is to minimize the amount of compensation they give to claimants. Your insurer might use anything you say against you to ensure the potential payment is completely minimized

How Does A Slip And Fall Lawsuit Process Work?

An insurance provider might offer you a settlement that doesn’t fully cover your medical expenses, lost wages, and other damages. Making a slip and fall lawsuit might be the only way to fight for the maximum compensation you deserve.

Your lawyer may file a lawsuit on your behalf in a court of law. The lawsuit may allege that the owner of the premises failed to:

  •         Rectify a dangerous situation that they knew about or reasonably should have been aware of e.g., a slippery floor
  •         Warn guests to the premise about the existence of the dangerous condition

The lawsuit can assert facts like:

  •         Where the injury took place
  •         How the slip and fall occurred
  •         Who is liable for the incident
  •         The injuries or damages you incurred

What Steps are involved in a Slip and Fall Lawsuit?

Personal injury lawsuit cases vary, but the common steps in most slip and fall lawsuits are:

  •         Filing the lawsuit: In a personal injury lawsuit, the defendant might accept a settlement before any lawsuit is made. If an agreement isn’t made, the lawsuit should be filed in the right court and served on the premise owner
  •         Answer: After filing a lawsuit, the premise owner has the chance to answer the allegations and present their own version of events
  •         Discovery: Before going to trial, both parties have a chance to participate in a formal information-gathering procedure known as discovery. In this phase, both of them can obtain sworn affidavits or depositions
  •         Trial: Given that no settlement is reached, a lawsuit proceeds to trial. The plaintiff in the case has the burden of proving the premise owner’s negligence via a preponderance of the evidence.

If you want to know more about the slip and fall lawsuit process, contact an Atlanta Car Accident Lawyer. At Ponton Law, we can offer advice on the best course of action and help you in pursuing the necessary compensation.