Let’s face it, we live in a very litigious society. Courtrooms around the country are filled with countless civil lawsuits. However, the majority of these lawsuits don’t even make it to trial, and are settled out of court instead. Fortunately, your slip and fall case probably won’t make it to trial either. Don’t celebrate just yet. Even though the defendant may settle there’s no guarantee on the settle amount. That being said, you can gain leverage by doing a couple of key things.
It wouldn’t be hard for you or your Slip and Fall Attorney to prove you were injured. The extent of your injuries can easily be backed up by any physician. The difficult part is proving that these injuries were the direct result of the slip and fall. As far as the defendant is concerned, maybe you fell at home and now you’re trying to blame someone else for your injuries. Creating this link between the fall and your injuries isn’t always easy.
In order to strengthen your case, you need to prove that the owner of the property was aware of the hazard. If a property owner was unaware of a hazard, there’s no way they could’ve prevented it. On the other hand, if they knew about the hazardous conditions, and didn’t intervene, then they’re at fault for your injuries.
You and your Slip and Fall Attorney have a few ways to prove the owner had ‘notice’ about the hazard. The first way is to get a sworn testimony from a witness who was aware of the incident before you. If you can get a testimony from a previous customer or employee, who warned the property owner about the hazard, you might have a case. Reports of previous incidents involving the hazard can also be useful.
As you can see, proof and evidence is everything when it comes to slip and falls. Again, you stand a better chance of getting the largest settlement if you can create a link between your injuries and your fall. Lastly, talk to attorneys at the Brian D Nettles Law Offices. If you can find evidence that says the property owner knew about the hazardous conditions, and failed to do anything about it, you stand a chance of winning your case.
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