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Slip and fall accidents have the potential to cause serious injuries. When someone else is to blame for your slip and fall accident, they may owe you a substantial amount of financial compensation. First, you need to deal with a skeptical insurance company that has its own financial interests at play in your case. The best step that you can take to protect your own rights and to work toward compensation is to contact an experienced slip and fall accident lawyer to represent you in the legal process.
Slip and fall accidents could happen anytime that you are on the property of another person. Common places for accidents include:
Slip and fall accidents can result in far more serious injuries than you may think at first. A fall is not just a fall. You can be left with serious life-changing injuries that can remain with you for an extended period of time. Common slip and fall accident injuries can include:
The person or entity that is in control of the property is the one who is held accountable for a slip and fall accident. In many cases, this is the owner of the property. However, the true owner of the property may not be the one who has the day-to-day control.
For example, a store owner may have leased the property from its legal owner. In this case, you would typically hold the store owner accountable. There may be circumstances under which the legal owner could also be held liable. Your slip and fall accident lawyer would investigate your unique facts to determine who you can sue.
You must act simultaneously to take care of your health and to preserve and protect your legal right to financial compensation. Accordingly, you should do the following when you have been injured in a slip and fall accident:
As the claimant in a slip and fall case, you must meet your own burden of proof before you can even receive a settlement offer. You must show that someone else was negligent by a “preponderance of the evidence,” meaning that it is more likely than not that the facts you allege are true. You need to provide evidence of negligence with your claim or lawsuit to be eligible for compensation.
You may rely on the following sources of evidence to prove your case:
The value of your case depends on both the extent of your injuries and the amount of insurance coverage and assets that the responsible party has. If you are suing a business, there is a greater chance that they will have more insurance coverage to pay for your injuries. Nonetheless, you also have the obligation to not only prove liability, but you must also demonstrate how you have suffered damages.
Your slip and fall accident compensation consists of the following:
Insurance companies see a lot of slip and fall cases just like yours. They know that if they pay every single one of them to the full extent that the accident victim is due, it will cost them a lot of money. Accordingly, insurance companies may be aggressive about denying slip and fall claims, putting the onus on you to conclusively prove your case. They may also understand your true injuries in an attempt to offer you less money.
Another challenge that you face is that the evidence that you may need to prove your case is often in the hands of the responsible party. For example, there may be video footage of your accident, or maintenance logs that could show that the property was not inspected. You do not have immediate access to these sources of evidence, making it potentially more difficult for your lawyer to investigate. However, your lawyer can obtain this evidence in the discovery phase of your case should you file a lawsuit.
The insurance company is not going to treat you fairly in a slip and fall case. They may deny your claim entirely, or they could make you low settlement offers. You need an advocate who can fight on your behalf and stand up to the insurance company. An experienced slip and fall accident lawyer can investigate what happened and file a claim or lawsuit on your behalf.
If you have been injured in an incident that occurred on the property of another, speak to the Mt. Pleasant slip and fall accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC. For a free consultation, contact us online or call today at 843-727-6500. With office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients throughout South Carolina.