Winning a slip and fall case means proving that your injury occurred due to negligence on the part of the property owner. Slipping and falling on someone else’s property isn’t an automatic assumption of negligence and guilt. In fact, the property owner may be able to avoid some liability by showing that you were also at fault.
Here’s a look at what comparative negligence could mean for your case:
What Exactly is Comparative Negligence?
Comparative negligence is a term used to refer to shared responsibility for an accident. If the defendant can prove that you were partially at fault for the accident, that’s considered comparative negligence because you both contributed to your injury. As the plaintiff, you don’t have to prove that you were not negligent. Instead, the defendant needs to prove that you were acting in a unsafe manner or that you were directly at fault for your own injury.
Is Comparative Negligence All or Nothing?
Especially in a slip and fall case, comparative negligence presents a grey area in which you may both be at fault. Unlike the absolute determination of negligence or not for the defendant, comparative negligence can be determined in percentage amounts.
For example, if the property owner knew that the hazard was there, didn’t take the steps to fix it and didn’t warn you about it, but you were trespassing on the property, you’d be found partially at fault for your own injury. The courts would then determine what percentage of responsibility your actions would carry, and your benefit award would be reduced by that amount. If you are found to have been half at fault, the courts will award you half of the expected financial award for your case.
What are the Forms of Comparative Negligence?
There are a few different forms of comparative negligence, and understanding what your state uses is the first step. Your slip and fall attorney can help you understand what the laws are where you live, but the two primary forms are called pure and modified comparative negligence.
Modified comparative negligence is the most commonly used, and is marked by restriction that the plaintiff’s negligence must be found to be less than that of the defendant in order for an award to be issued. If you are found to be 50-percent negligent in the accident, you will not receive an award of any kind in states that rely on modified comparative negligence.
Pure comparative negligence is not as common. It will reduce the awarded damages by the percentage of the plaintiff’s negligence no matter how much it is. In these cases, you’ll still receive an award even if you are 75-percent negligent.
As you can see, it’s important to understand the role that your actions will play in the determination of negligence and fault after a slip and fall injury. Talk with your attorney to see how strong your case is. To learn more, contact a company like Dorian, Goldstein, Wisniewski & Orchinik, PC with any questions you have.Learn More
If you are filing a workers compensation claim against your current employer, you need to make sure that you have evidence that can back up your suit. It is your responsibility to demonstrate that you were injured at work and that your injuries prevent you from doing your job. Your employer is not responsible for proving or disproving your injuries during the trial. It is all on you and your personal injury attorney to make your case and present evidence supporting your case.
Collect All of Your Medical Documents
You need to gather all medical documents related to the injuries you sustained. You will need to present copies of all bills and invoices you have received from any hospital, doctor or specialist your visited in relation to your injuries. You will also need all written notes and documentations that any doctor or medical professional wrote down who assisted in your care.
You may not have all of this information on hand. You may need to contact any doctors or medical professionals who treated you, and ask for copies of any notes that they took related to your care. You will also need to obtain a copy of your complete record for each visit to any medical facility to treat the injuries you sustained at work.
Collect All Of Your Alternative Medical Documents
If you saw a chiropractor, massage therapist, acupuncturist, or physical therapist for your injuries, you will want to collect all of your bills and invoices from your visits as well. It does not matter if these treatments were covered by your insurance or suggested by your regular doctor. You have a right to present all information related to any medical help that you sought for yourself during the trail phase of your You will also want to reach out to them to get their notes and documentations from your sessions.
Keep Track Of Any Out Of Pocket Money You Spent On Physical Therapy
If one of your doctors or physical therapists suggested that you purchase special workout equipment in order to aid in your recovery, or if they suggested you purchase modified equipment to ease your pain, you need to keep track of all of these expenses.
Find An Expert Witnesses To Testify On Your Behalf
All of the documentation in the world does not hold the same weight as the words of an expert. You will need to find someone who can attest to the extent of your injuries. You will also want them to testify on how long it usually takes for someone in your condition with a similar medical history to heal, as well as if and when a full recovery can be expected. You will have to pay an expert who testifies on your behalf, so make sure you ask about their fees before you pursue someone as an expert witness.
In order to win your workers compensation lawsuit, you will need to prove the extent of your injuries. The best way to prove the extent of your injuries is through excellent documentation. Make sure you have copies of all medical visits related to your injuries. You should also try to find an expert witnesses who can testify on your behalf and further explain the extent and nature of your injuries and the recovery process.Learn More
Have you recently been involved in an auto accident? If so, then you might want to think about retaining an attorney to represent your best interests. To understand just why that is, you are going to want to make sure that you are checking out the following few reasons to call an attorney.
Stops You From Signing The Wrong Papers
Without having an auto accident attorney representing you, you are sort of like a sitting duck. The insurance company and the attorney that is representing the other person will know that you are not legally represented and might assume that you will be willing to sign papers accepting less of a settlement than you deserve. You also would not want to be tricked into signing any papers that would take away your rights to seek compensation either. When you have an attorney, he or she will be sure to read over everything before allowing you to sign it and will explain everything on that paper to you so you have a thorough understanding.
Tries To Get You A Pain And Suffering Payment
While this is not a guaranteed thing, it is certainly something that your attorney can look into for you. The amount of your payment, if you are awarded it by a judge, will vary depending on the seriousness of the accident and how long you will suffer medically. You could use that money toward paying your bills while you are out of work, pay for your children’s babysitter, or buy a new vehicle. The chose is yours.
Answers All Of Your Questions
If you are like a lot of people, you might not have a lot of first-hand experience with auto accident lawsuits. Therefore, you might find yourself with a lot of questions. The nice thing about having an auto accident attorney on retainer is that you will always have someone to turn to with all of your questions. After all, the last thing you want to do is to have to sit back and worry because you have no idea what to expect or what your rights are as an accident victim.
As you can see, there are a lot of reasons you can benefit from hiring an auto accident attorney. Therefore, you want to make sure that you are calling for as skilled an attorney as quickly as possible. This way, he or she will be able to begin to research your case and work to get the outcome you deserve.
For more information, contact a business such as Fonvielle, Lewis, Foote & Messer.Learn More