Key Step In Effort To Win Slip And Fall Claim

If you were injured in a fall, you might plan to file a personal injury claim. Do you appreciate the extent to which the liability question will apply to your claim? Are you ready to say who should be held liable for your injuries? Can you claim that there was a demonstration of negligence on the part of the property owner, or the person that was controlling the property?

Proving Liability

You need to prove liability on the part of the owner of the property, or the person controlling the same property. Would a reasonable person have done more to eliminate the danger that caused you to suffer harm? If you give a “yes” answer, then you feel that the owner should be held liable. If you fell at a business, did the business’ owner arrange for periodic inspections of the area where you fell?

Was the accident foreseeable? Again a “yes” answer indicates that the property owner should be held responsible for your injuries. Personal Injury Lawyer in Kingston will ask how long had the hazard that caused you to fall existed. If it had been there for quite some time, then you would have sound reason for choosing to file a lawsuit against the property owner.

Are you ready to respond to the possible defenses?

Did you have a decent pair of footwear on that day? Have you saved that pair, so that it can be displayed to a jury?

Where did you fall? Was it a place that had been cordoned off in some fashion? Had you ignored those signals, those safety signs?

How did you fall? Was it a jarring fall or a gentle one? What part of your body hit the ground first?

Were there any witnesses? Can any of them attest to the fact that you had been paying attention to where you were going? Can any of them refute a claim that you were careless and helped to contribute to the factors that caused you to fall?

How many other times had you visited the same place? If you were there for the first time, did your level of attention match with your lack of familiarity with the situation? In other words, were you extra-careful, if you had never been to that same location before?

What did you do after you fell? Did you seek immediate medical attention? If not, how long did you wait before visiting a doctor? It is important that victims of a fall are expected to mitigate the extent of their injuries

After you saw a doctor, what was the treatment routine given to you? Did you follow that routine? Did you make regular visits to the doctor? Did you report the any interruptions to your treatment? All of this information and your answers to this question are important for your lawyer.