There are many reasons someone what slip or trip and fall. Unfortunately, even a minor slip and fall can seriously affect your health and financial security.
Apart from the fact that unexpected events could cause the slip and fall, in many instances, it’s caused by a property’s owner’s negligence.
For example, if an owner of a property knows that it’s their obligation to remove snow and ice in front of their building but might neglect it and someone slips and falls on it and sustains an injury, there is a problem.
You may be able to file a premises liability lawsuit when you slip and fall and get hurt on someone else’s property, whether it was a private house, a business establishment, or even a government-owned building.
To file a case, you will need a slip-and-fall accident lawyer to hold the property owner accountable and seek reasonable compensation for all your medical expenses, lost income, suffering and other damages. But what goes into the process of a slip-and-fall lawsuit? This article will discuss how you can file a lawsuit for slip and fall. Let’s first see some conditions that lead to slip and fall.
Some of the Conditions Leading to Slip and Fall
Many types of accidents take place and can result in slips and falls. They include the following:
- Uneven Flooring
- Carpet that may be worn or torn out
- Loose flooring materials
- Wet floors
- Debris or trash on the floor
- Icy floors
- Poor lighting
Property owners or occupiers must remedy or warn of the hazards when these situations emerge. For example, if there is a pothole or wet floor, the property owner should put up signs to warn people.
What Should You Do Immediately After A Slip And Fall?
When a slip and fall happens, it is wise to immediately notify the property owner, manager or security guard of your injury to ensure an accident report is filed. Additionally, you will need immediate medical attention, even if the injuries sustained are minor.
Failure to report the accident early or get an immediate medical report could jeopardize your right to compensation. When out of danger, you must seek a slip-and-fall accident lawyer to help you file a case and seek the necessary compensation.
Under the Occupiers’ Liability Act, any person who intends to bring an action for personal injury caused by snow or ice shall serve written notice of this claim on the Occupier and/or the independent maintenance contractor employed by the Occupier at the time of the Incident, within 60 days of the Incident, subject to a few exceptions.
To receive the compensation, your slip and fall accident lawyer must prove that the property owner or whoever was using the property when the accident occurred must have been aware that their action or negligence would create a dangerous situation.
How Does A Slip-And-Fall Lawsuit Process Work?
When you have a slip-and-fall accident lawyer, he can fight for the maximum compensation you deserve.
Probably, you were not compensated at all, or the Insurance provider offered you a settlement that only partially covers your medical expenses, lost wages and other damages. Your lawyer will then file a case to prove that a dangerous condition existed and that:
- The owner or person of the property must have created the condition
- They must have been aware of the existing conditions and just neglected them.
- The condition must have been present for a sufficient time to give the owner or the person using the property enough time to take corrective actions before the slip and fall happened.
Slip And Fall Lawsuit Evidence
A slip and fall lawsuit evidence should assert facts like what injuries you suffered, where and how they occurred and who should be held responsible for them. A premises liability lawyer will collect substantial evidence, including:
- Incident report
- Photographs of the injury
- Witness statement
- Medical report, bills, receipt and statement of your treatment.
That is why it is necessary to get the medical report and report it to security immediately.
Slip-and-Fall Lawsuit Process
Before a slip-and-fall lawsuit is filed, you can always reach out to the defendant. Then if he doesn’t agree to compensate, the following processes should be carried out:
Filling the Lawsuit
To begin the proceedings, your attorney must file a complaint and summons with the court that has jurisdiction over your case. The complaint will outline all your claims and how they happened. In addition, it will specify the date, time and location the fall occurred. It will also contain the expenses as damages that the defendant is supposed to pay as compensation.
The Defendant’s Reply
After the complaint is filed, the court wants to hear the defendant’s story. So they will wait for the defendant to respond to the complaint. The defendant normally has 20 days to reply.
Discovery or information gathering
During the discovery stage, you and the defendant will need to exchange evidence of the complaint. Therefore, it usually takes a more extended period.
A case will proceed to trial if no settlement is reached. The plaintiff must prove the premise owner’s negligence by providing concrete evidence. They will issue a verdict if they can reach a decision. After the verdict, either party may file an appeal.
In conclusion, do not hesitate to contact the SG Injury Law if you or your loved one has suffered injuries in a slip and fall. A slip and fall injury caused by property owners should be taken seriously.
Your medical bills and damages should be compensated fully; if these compensations are taken for granted, you must contact a slip and fall accident lawyer to help you with the lawsuits.
The processes involved in filing a slip-and-fall lawsuit can take months or even years, and the details and circumstances of your claim may impact how long it takes to resolve the case. Our skilled attorney at SG Injury Law can help you smooth the process of your slip and fall lawsuit and help you pursue the compensation you deserve. To get started, call us at 613-518-2416 or contact us on our website at www.sginjurylaw.ca to schedule an appointment.