subject: Settling A Slip And Fall Injury Case [print this page] You may have heard of personal injury lawsuits before and it probably had a negative spin. Personal injury lawsuits are necessary and helpful to thousands of people.
They are designed to help those who are injured at the hand of another person whether on purpose or on accident. The person injured was not responsible for their injury at all and yet have medical bills or lost wages that makes their life full of financial strain.
As a result of the personal injury lawsuits, they are able to receive compensation for these medical bills, lost wages, or the emotional affects of the injury. Of course, the injured person must prove that they were financially compromised and that the injury was not their fault at all.
One type of personal injury case that often comes up is the lawsuits that come about as a result of a slip and fall. These kinds of cases are judged under tort or civil law.
Tort cases deal with people who state an accusation against another person in order to recover monetary damages. Injuries often result from slipping and falling.
Slipping and falling can occur in businesses or in private homes and the person who is injured can still file a lawsuit. Most of the time lawsuits are generated from falls that occur in businesses.
However, this is part of the reason that it is so important to have homeowner's insurance. The insurance can cover a lawsuit if someone slips, falls, is injured, and files a lawsuit against you.
Otherwise, the medical bills and other expenses may add up to a lot. The exact rules of a slip and fall lawsuit differ from state to state and depending on the circumstances.
A business is considered to be more responsible for your well-being and care. You are considered an invitee when you are at a business.
However, when you are in a home, you are only thought of as a licensee. This basically means that the homeowner is not as responsible for watching out for your care.
As a result, it is harder to recover monetary losses if your injury occurred at a private home, but it can still be successfully done. A professional lawyer can definitely help your prove your case.
They have had years of experience in dealing with similar cases and they know the ropes of the game. They may also have more ideas for evidence you can use and ways in which to obtain that evidence legally.
These lawyers know how to present and put together a well formulated argument. They are also very familiar with all of the rules and laws that can help your or that may get in your way and forewarn you of them.
He or she will also be familiar with the paperwork that you need to fill out in order to present an effective case. Your attorney can walk you through it and make sure that you understand what is going on as well.
Most likely, your slip and fall case was not a result of purposeful intentions. It was probably neglect to clean up some water or other liquid substance that caused your fall.
The other person is responsible for your fall even if they were simply neglectful in their duties. It does have to be the other person's fault however.
Either way, you will have to prove that it was on purpose or that it was negligence. If you fail at doing this or proving that your fall cost you, your opponent will win.
In some cases you can still receive some compensation even if your own negligence played a role in the situation as well. Your recover is usually reduced by the percentage that the court determines was your fault.
The more severely injured you are the more compensation you should be able to receive. This is probably due to the fact that you will have to pay more medical bills and that you will lose more time at work.
In addition, the more severely injured you are, the more emotionally distressed you are likely to be. The more emotionally distressed you are, the more money you can generally receive.
Most slip and fall personal injury cases are actually settled outside of the court. As a result, you will not have to go through the stress of preparing for and actually attending court in your injured state.
However, with the proper preparation you will be able to prove your case. Be sure to get the help you need.
by: Terry Daniels
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