Over one million people go to the emergency room each year for slip and fall accidents. Slip and fall accidents occur when surfaces are slick, uneven, or otherwise hazardous. Injuries from slip and fall accidents can result in long term medical complications; including fractured or broken bones, head traumas, spinal injuries, bruising, and scars. These injuries can result in costly medical bills and lost wages from missed work days. The stressful legal process often makes people involved in slip and fall accidents question if they should take legal action. However, the litigation is not as complex and time consuming as you may think.
To have a legitimate slip and fall lawsuit, one must prove:
-The owner of the property had control of the premises where and when the accident occurred.
-The owner of the property knew of the hazardous condition and did not take action to fix it.
-The injuries were sustained as a direct result of the dangerous condition.
The owner of the property must be proven responsible for the accident by being aware of the dangerous condition and doing nothing to fix it. It is also important that the person involved in the slip and fall did not cause their own accident by negligence, recklessness, or other means. In other words, the property owner must be proven liable. Establishing liability is the first step in a slip and fall case. If the property owner’s negligence caused a slip and fall accident resulting in injury, compensation may be owed.
Compensation for a slip and fall accident includes:
-Medical expenses
-Lost wages
-Pain and suffering
If you are a victim of a slip and fall accident, you should seek immediate medical attention and document all injuries. Photos can be crucial in a slip and fall case, therefore it is wise to take photos and document the dangerous condition immediately. Regardless of whether or not you want to pursue a legal claim, documenting the incident is the best way to protect yourself.
If you pursue legal action, the attorney will first gather all information regarding the accident to help establish liability on part of the property owner. Once liability is established, the attorney will attempt to settle the case with the property owner’s insurance company. If the case cannot be resolved then, a lawsuit will be filed.
The next step will be a deposition, where both parties tell their version of events under oath. After the deposition, the parties may negotiate a settlement. If a settlement still cannot be reached, a trail will be scheduled. At the close of the trial, the jury will deliberate and render a verdict, or if there is no jury, the judge will render a verdict upon review of evidence. While a lawsuit may take years to conclude, the time commitment on your part is minimal.
If you were injured in a slip and fall accident, contact the Law Offices of Rudolph F.X. Migliore. At our office, we understand how overwhelming a lawsuit can be. We take the time to go over the entire legal process, answer all questions you may have, and are with you every step of the way. Call our Long Island office at (631) 543-3663 to schedule a free consultation. When it comes to your case, we are your point of contact.