Many people in the United States usually opt to settle their civil disputes without trial, since trials are usually unpredictable and can be a risky way of settling a dispute. Lawsuits can be quite complex and hectic, especially if a person doesn’t understand judicial procedures. Since the actual settlement of a slip and fall case depends on various factors, it is possible to strengthen and improve a person’s negotiation position. The following are ways of strengthening a slip and fall lawsuit.
Collect Proof of Injury
It is crucial to secure evidence of your sustained injuries and damages when presenting a slip and fall lawsuit. This evidence can be in the form of hospital bills, receipts, proof of unrecovered salaries due to being absent from work, x-rays, medical prescriptions, and photographs. Gathering evidence lets you make a just and fair compensation claim for lost wages, medical treatment costs, and pain and suffering damages.
The best way to handle this is by approaching your doctor about the issue. Your doctor should then provide a letter that describes the injuries suffered as a result of the fall. It is essential to ensure that the letter’s content is substantial since the defense lawyer will work towards challenging it. Keeping track of your experience during the ordeal enables you to construct a just and fair compensation claim to cover medical treatment costs, lost wages, plus pain and suffering damages.
Prove the Defendant Was Aware of the Condition
Typically, proving a dangerous state of a property is not a difficult thing since a hazardous condition was either there or not. You can use incident reports, sworn testimony, or pictures to prove the existence of the condition that caused the accident.
Unfortunately, it is quite hard to prove the property owner was aware of the hazardous state. If you want to strengthen your claim, you must prove the property owner had prior information about the state of the building or constructive notice of it, whereby the condition existed for a long time for the owner not to be aware of it.
So, how do you prove that the owner had information about the hazardous conditions? Here are some ways:
Sworn Testimony
A person with knowledge of hazardous conditions and willing to testify to recorded information can be beneficial in your case. Although your own testimony can also be helpful, it is usually viewed as self-serving.
Incident Reports
Typically, companies make internal reports of falls on their premises. An internal report usually entails essential information, including witnesses and the incident. Moreover, this report may provide some insight into the existence and duration of the hazardous conditions on the premises.
Video Surveillance
Nowadays, many premises have adopted installing surveillance systems. A video can be used to show that a hazardous condition existed for an extended period. It is crucial to obtain the video immediately since surveillance cameras usually record on a loop. Typically, lops range from seven to thirty days.
Seek Help from an Experienced Personal Injury Attorney
A professional slip and fall injury lawyer can significantly increase your chances of winning a slip and fall lawsuit by assisting you through the problematic protocols and legalities. It is essential to conduct a thorough investigation and research before selecting a lawyer. This ensures that your choice is the most qualified for the task.
Although legal processes can be overwhelming and complex sometimes, having adequate knowledge about handling the process can be helpful. Although settling a dispute without going to trial may be a better option, a case sometimes has to go through a trial. Luckily, seeking help from a qualified lawyer can be helpful, whether you choose to go for trial or not.
