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Slip and Fall Accidents: A Brief Guide on Liability and Compensation
Pamela Lattimore 9 Oct 2023

Slip and Fall Accidents: A Brief Guide on Liability and Compensation

Slip and fall accidents are unforeseen, traumatic events that often result in sudden disruption of lives. These mishaps can result in serious injury, impacting lives physically, emotionally, and financially. Rehabilitation costs, hospital bills, and lost wages can place a significant financial burden on the ones involved. Continue reading this article to understand the legal considerations and compensation you can receive from these accidents. 

Liability in Slip and Fall Accidents

Establishing liability in slip-and-fall cases is crucial to carrying out a lawsuit with fair results. If you suffer injuries on someone else’s premises due to negligence, proving fault can be challenging without adequate evidence. If you are in the area, an attorney from a local Nashville law firm can help you establish liability. Here are three common aspects to consider and slip and fall accidents:

  1. Proving Negligence

Negligence can encompass many factors, from wet floors and poorly maintained walkways to inadequate lighting and structural defects. When you fall on someone's premises, you must prove that it was the property owner’s negligence if you want to establish liability. You have to demonstrate how the property owner failed to adequately address a known hazard in an appropriate time frame. Legally, property owners must maintain a safe environment for visitors. This duty extends to regularly inspecting their premises and addressing potential hazards.

  1. Evidence in Slip and Fall Cases

Proving fault is crucial to collecting compensation for an accident caused by someone else’s negligence. You need solid evidence to establish if an owner of a property violated the duty of care they owed you leading to your accident. Sources of this evidence can include:

  • Medical records

  • Medical bills

  • Security camera footages

  • Witness statements

  • Accident reports

  • Pictures of the presenting hazard on the property

  1. Comparative Negligence

The injured person's actions may sometimes contribute to the accident. You must be aware that sometimes, multiple parties may contribute to an accident, and different laws seek to apportion responsibility accordingly. So, even if you were partly responsible for the accident, you can collect some compensation if you prove the other party’s responsibility for causing the accident. 

Compensation for Slip and Fall Victims 

Suppose you or your loved one suffered harm by the negligence of a third-party property owner or a government establishment in a slip-and-fall accident. In that case, you can claim monetary compensation based on the extent of your injuries and the defendant’s fault.

  1. Pain and Suffering

You can get compensation for non-economic damages like pain, suffering, and emotional distress. 

  • Physical pain: This includes current and expected physical discomfort and limitations resulting from the injuries. 

  • Emotional and mental distress: This involves the emotional and psychological trauma experienced due to the accident and the resulting injuries. It can include anxiety, depression, fear, and post-traumatic stress disorder.

Since you can not calculate emotional damages and injuries quantitatively, insurance companies have devised multiplier and per diem methods to approach the matter of settlement.

  1. Medical Expenses

Medical costs are a significant component of the damages sought by slip-and-fall victims when pursuing compensation for their injuries. These expenses encompass the costs associated with medical treatment and care following the accident, for example:

  • Emergency medical care

  • Hospitalization

  • Doctor visits

  • Diagnostic test

  • Rehabilitation and therapy

  1. Lost Wages

Serious injuries can lead to missed workdays or even long-term disability. Victims have the right to seek compensation for lost livelihood due to their inability to work and for any potential earning capacity that has been compromised.

Endnote

Slip and fall accidents can result in severe injuries, legal complications, and significant financial burdens. Victims must understand their rights regarding compensation. By implementing preventive measures and fostering awareness about liability and compensation, we can collectively work towards reducing the occurrence of slip and fall accidents. Prioritizing safety and responsibility is paramount in creating environments where everyone can move without fear of falling.

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