Have you recently been hurt in a trip and fall that you believe was the fault of another party? Common causes of trip and falls include uneven surfaces, inclement weather that has not been properly addressed, wet or slippery surfaces, loose carpeting or rugs, poor lighting, or obstructions in walkways. While sometimes a trip and fall is simply an accident, other times it is due to another party’s negligence. However, these cases–especially when they are complex premises liability cases–can be difficult to prove. Fortunately, an experienced attorney can help.
Here is what you need to know about complex premises liability cases and how a trip and fall attorney can help you get the compensation you deserve.
When it comes to trip and fall incidents, a complex premises liability case means there are complications in proving negligence such as multiple property owners, unclear ownership of a property, and a need to establish a duty of care and causation. While these can be confusing to a layperson, an experienced trip and fall attorney will be knowledgeable about these types of cases and will know exactly how to handle them to prove negligence and get you the compensation you deserve.
While proving negligence in these types of cases can be tricky, a trip and fall attorney will know which route to follow to accomplish this. First, he or she will establish that the property owner had a duty of care to you, which depends on why you were on their property. For there to be negligence, the property owner must breach that duty of care and this breach has to lead directly to your accident. Your attorney must also prove that the accident has led to direct losses such as physical injuries, medical expenses, or lost wages.
There are multiple possible complications in a complex premises liability case that your trip and fall attorney may need to navigate. These include multiple property owners, determining who is responsible for maintaining the property if there are any third-party actions involved such as another customer spilling a slippery substance, difficult evidence such as a tripping hazard that has been repaired before it can be documented, the specific laws of the state you have your accident in. While these can make a case more difficult, your trip and fall attorney can still prove negligence through expert testimony and evidence such as photos and video, witness statements, and maintenance records of the property.
After a trip and fall accident, dealing with insurance companies can be one of the most stressful aspects of the process. Insurance companies are often more focused on minimizing their payout than ensuring you receive the compensation you deserve. A skilled trip and fall attorney can handle all communication with the insurance company, negotiate on your behalf, and ensure that your rights are protected. They understand the tactics insurers use to try and minimize claims and will fight for the best possible settlement. If fair settlement cannot be reached, your attorney will be prepared to take the case to court to ensure you receive compensation for your injuries, medical costs, lost wages, and other damages.
If you’re trying to recover from injuries sustained in a trip and fall accident, you are likely worried about how you will pay your bills, if and when you’ll fully recover, and if you’ll need to miss work. You don’t also need to worry about proving your case so you receive compensation. Fortunately, when you work with an experienced trip and fall attorney, you can leave all the details to him or her so you can focus on recovery.
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