Slip & fall accidents qualify as premises liability claims, because they are cases where a victim was injured on someone else’s property. These cases can be extremely difficult and require a trained legal mind to assess how, and if, you have a case to pursue against the property owner.
Slip and fall cases can be difficult to prove in court. To win your case, you must prove that the property owner was negligent, which requires gathering evidence and showing that the property owner failed to act as a reasonable person would have in the same situation. With the right approach, you can build a strong case for your slip and fall accident. Here’s what you need to be successful:
To prove negligence in a slip and fall claim, you must show that the defendant had a duty to maintain safe conditions, that this duty was breached, and that the breach caused your injuries.
Physical evidence, such as photographs of the hazardous condition, as well as witness statements, can be used as evidence in a slip and fall case.
You must also show that you suffered damages as a result of the fall. You can show this by providing evidence of financial loss, such as medical expenses. If the defendant was negligent but you didn’t suffer any losses, you won’t be successful.
If you were injured in a slip and fall, you have a certain amount of time to file your claim. This is known as the statute of limitations. In Phoenix, Arizona, the statute of limitations for slip and fall cases is two years from the date of your accident. This means that if you do not file your claim within two years, then you will lose your right to pursue compensation through legal action.
Though two years may seem like a long time, it is important to remember that building a case takes time. You will need to collect evidence such as medical records and witness statements in order to make sure that your case is strong enough to present in court. Failing to start building your case soon enough could result in missing key pieces of evidence or not having enough time to research all potential claims related to your situation.
Slipping and falling can happen to anyone, anywhere. It can be an embarrassing and painful experience, but it’s important to understand what to do after a slip and fall for your safety, health, and legal protection. Consider taking the following steps:
Your health should always come first, so make sure you get medical attention right away if you’ve been injured in a slip and fall accident. Even if you don’t think you need it at the time, go anyway.
This means taking photos of your injuries right away (if possible) as well as any of the conditions at the scene that may have led to your injury, like wet floors or broken stairs that weren’t clearly marked with signs warning of potential danger. It is also important to save all receipts from any medical treatment you receive relating to your injury and keep track of any lost wages due to missing work because of your injury.
After seeking medical attention, contact a Phoenix slip and fall accident lawyer. They will be able to help you understand your legal rights under personal injury law, assist with filing insurance claims for damages associated with the accident, negotiate settlement amounts with insurance companies or other parties responsible for paying damages related to the accident, represent you during court proceedings if necessary, and more.
Having a Phoenix injury attorney by your side throughout this process can provide peace of mind that everything is being taken care of properly by someone with both knowledge and experience in this field of law.
At Hastings & Hastings, you will meet with a Phoenix slip and fall accident attorney, who is legally trained and has passed the State Bar of Arizona, not a paralegal who may not completely understand how to document and prove your premises liability case. Please contact us immediately to meet with our licensed attorneys and see if we can help you with your slip & fall case.