Proving Damages in a Slip-and-Fall Case

Tim WilliamsPersonal Injury, Slip and Fall

Slip and fall accidents can result in serious injuries. Oftentimes these injuries will prevent you from going back to work – perhaps for an extended period of time. So it is important to consult a personal injury attorney who can assist you in holding liable the party responsible for your accident.

You will have the best chance of obtaining compensation from the liable party if you have a strong case and a professional, competent, experienced premises liability attorney.

How to Prove Damages When You Have a Slip-and-Fall Claim

In order to recover compensation for physical injuries, lost wages, and the inability to earn a living or compensation for pain and suffering, you must be able to show a jury or judge that you suffered damages as a result of another party’s negligence.

There are many ways to prove you have been injured in such accidents, but negligence is often the legal argument used. Put simply, negligence is when a person or entity had a duty to another person; that duty was breached; and the breach of that duty caused damages to the victim.

If you have been injured in a slip and fall accident, it is essential to do the following:

  • Document when and where the accident took place. If you have access to a camera (which these days most people do via their mobile phones), take photos of the accident site. If you are unable to do this, ask a friend or family member to do this for you.
  • Obtain a police report. If law enforcement or paramedics are called, make sure you obtain the report from that visit. This will show that you were injured immediately upon the slip and fall.
  • Keep all medical records for any doctor or hospital visits and keep a record of all medical bills you receive as a result of those visits.  Likewise, be complete in your reporting of what happened and what your symptoms are at each medical visit.
  • Keep track of how much time you have to take off from work, including how much this has cost you in terms of lost wages. This will be important if you are making a lost wages claim.
  • If you are unable to return to work, ensure to get this opinion, in writing, from your doctor. A court will want to see that a medical professional has not cleared you to return to work.

Consult a Slip-and-Fall Attorney

The personal injury attorneys at Dwyer Williams Cherkoss have been handling slip and fall claims for many years. We are skilled at bringing a case to, and through, trial (if necessary) as well as successfully engaging in settlement negotiations in an effort to keep costs to our clients to a minimum.

If you are a victim of a faulty premises, or of a dangerous substance on the floor, and you want an initial consultation, we welcome your call at (541) 617-0555.