Friday, January 6, 2012

Winning a Slip and Fall Settlement: Ways on How to Do It

Slip and fall is a United States tort law claim which is based on the person slipping (or tripping) and falling on a certain spot inside or outside the property. The basis for the claim is the failure of the property owner, either residential or commercial in nature, to properly exercise the duty of care towards visitors. The malfunction is reflected on the inability of the owner to do something about certain damages or irregularities within the area.

In contrast with the simplicity of the occurrence of slip and fall accidents is the complexity of it in terms of the legal perspective. In fact, a slip and fall case is one of the most difficult cases to solve, usually because of the possible defenses that owners do where they can retort back towards an injured claimant. Another thing is that the claimant should prove that negligence played a major part in his or her injury.

However, the claimant, with the help of an expert injury attorney, can beat the odds and successfully win the case nevertheless of the defenses that the property owners use. Here are some ways in order to win a settlement in a slip and fall case:

·         Documentation is extremely important when filing a slip and fall case. Medical documents should point that the slip and fall incident was the main cause for the claimant’s injury.

·         Having a reputable lawyer who is an expert in injury laws and has already dealt with slip and fall cases should be hired. A chance of winning the case is high with him at the helm.

·         The lack of evidence in the process of litigation could be the cause for the dismissal of the case. Documentation that contains the proof of an injury as caused by the accident should still matter at this point.

·         Any defendant should always establish on having legal responsibility.

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