Slip and Fall Injuries: Know How to File a Personal Injury Claim
https://www.lezdotechmed.com/blog/personal-injury/slip-and-fall/
A slip and fall is a personal injury case in which a person trips or falls and is harmed on someone else's property. Slips are divided into two categories. The forward foot's heel collides with the surface and slips forward, causing the person to fall backward. The other form of slip occurs when the rear foot slips backward, causing the back foot's sole to go forward. A significant injury, such as a bone fracture or a brain injury, occurs in one out of every five falls. Every year, 3 million older persons are treated in emergency rooms after falling.
Slip and fall accidents can take place in public restrooms, public gyms and swimming pools, sidewalks, walkways, and driveways, residential houses, parking areas etc. Slip and falls can occur due to spilled food and drinks, ice and snow, elevators and escalators, landscape hazards, uneven stairs, cluttered floors etc.
The following are the common injuries associated with slip and fall accidents.
• Sprain and strain
The victim of a slip and fall should bring a case within the Statute of Limitations period, which varies by state. Courts will not consider lawsuits filed outside of this time frame for compensation. The amount of compensation for a slip and fall accident is determined by the extent of the victim's injuries. In terms of compensation, medical bills, lost wages, out-of-pocket expenses, and pain and suffering are all taken into account.
As per the premises liability law, a slip and fall accident lawsuit should prove that the owner of the premises was aware of the hazard, that resulted in the accident. The negligence of the owner should be proved with valid evidence. Some states, such as California, New York, and Florida, follow the Comparative Negligence statute, which considers the victim's role in the slip and fall. It is one of the most effective defense in slip and fall cases. In such circumstances, compensation would be determined by the victim's level of carelessness.
The Modified Comparative Fault is used by the majority of states, including Georgia, Texas, and Indiana. According to this, if the defendant is less than 50% at fault for the accident, the victim may be entitled to compensation from him. Contributory negligence is the law in Washington, Alabama, Virginia, and Maryland. Even if the sufferer is found to be 1% at fault or reckless in the slip and fall accident, he will not be able to recover anything.
Getting help from slip and fall lawyers in such cases might be a wise decision. While pursuing the personal injury lawsuit, gathering as much evidence as possible from all possible sources would be a crucial aspect. This would aid the attorney in establishing the premises owner's fault, allowing the sufferer to receive more compensation.