So you’ve had a slip and fall...now what? As you prepare to handle a personal injury claim, particularly with falls, there are a few things you should keep and mind and evaluate before moving forward with your case. Your Denver personal injury attorney
can help you evaluate if you are able to prove the following, and they can help you navigate the tricky waters.
The first thing you need to determine is who is really liable? And was it their negligence that caused your fall and injury? For example, let’s say you fall on a patch of ice on the sidewalk of a friend’s house. Did that friend know their was ice there, and did they intentionally not solve the problem? If they knew there was ice, and they knew that the ice could result in injury...then they could very well be liable.
Now that you think you can prove negligence as a result from the “host,” or property owner...you need to answer a few additional questions. Before proceeding though, this is where we suggest having a consult with a personal injury lawyer. The personal injury lawyer is trained to help you win these types of cases and they will be your most valuable asset. The following are things you need to consider, and talk over with your personal injury attorney.
Your Opponent: Negligence and Liability
We’ve already discussed this to an extent, but this is also something you should discuss with your personal injury attorney. While it seems obvious that they might be liable based on the previous scenario...there are a few other things that apply and things you should consider - such as reasonability. Make sure to discuss the following with your personal injury attorney:
Time: Did the host/property owner have enough time to fix the problem that caused your injury? If the hazard was on the property for over two weeks, it appears that they would have enough time to make an adjustment. Unless they were out of town. These are the things that you will need to discuss with your personal injury attorney.
Prevent: Did the owners of the property take action to prevent any future injuries or hazards? For example, did the owners of the property take time to put ice down...did they attempt to keep the area free of ice? Some hazards can’t be avoided, but it’s important that the owner attempted to avoid them. If they didn’t, that helps you.
Additional Factors: You’ll need to discuss any additional factors that might have contributed to your fall. This might include poor lighting, uneven surfaces, or limited visibility.
The next thing you’ll need to discuss with your personal injury attorney is your liability in the accident - if you have any at all. You’ll need to address the following (and be extremely honest with your attorney):
Your Mental State: Were you under the influence of drugs or alcohol when the accident happened? If so, this could have caused the accident - or at least that’s what your opponent might state. If you weren’t under the influence, were you distracted? Being on your phone versus paying attention would be an example of how distraction could have caused the fall or accident.
Location: Was there a reason the hazard was there? For example, if there was a hole that was there to do some intentional digging (maybe for a gas line, power line, landscaping, etc)..that might mean it was your fault for being in that area.
You’ll need to be able to go through the entire accident and prove that you had absolutely no fault. Make sure you not only discuss everything we’ve already covered with your lawyer, but that you also spend time and walk him/her through the accident from start to finish. Your personal injury attorney is trained to ask the questions that will help them determine liability, and who is at fault.
Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. When it comes to a personal injury attorney, you shouldn’t sacrifice quality for convenience and opt for the first person you find. Select an attorney who will get you the outcome you desire and the settlement you need. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.