While most slip and fall accidents will result in only minor injuries and bruised egos, some of these cases will involve serious injury. In these cases, it may be possible to collect compensation by filing a personal injury lawsuit. However, before choosing to take this route, it is important to ensure your case meets all the requirements of a successful claim. Below you will learn more about these requirements.
Establishing Legal Liability
The first task you will be charged with when filing a personal injury claim is the task of establishing legal liability. In simple terms, this means determining who is to blame for your injuries in the eyes of the law.
When examining this aspect of your case, it is important to understand that just because someone made a mistake that played a role in causing your accident does not mean that they are legally liable for your injuries. In order for an individual or company to be held liable in the eyes of the law, you will be burdened with the task of proving that they acted in a negligent manner and that their negligence resulted in your injuries. If you are unable to meet this burden of proof, you will not be able to collect compensation in your case.
The compensation that you seek to collect in a personal injury case is referred to as damages. Damages represent the money that you lost or debts that you incurred as a result of your injuries. For instance, if your injuries required medical care, the cost of this care would qualify as damages.
There are two different types of damages that may be listed in your slip and fall case. The first category of damages is known as real damages. This category covers all financial losses that you suffered, such as medical bills and lost wages. The second category of damages is punitive damages. This category covers any additional compensation that you believe you are entitled to, such as compensation for pain and suffering.
When filing a personal injury claim, you will be required to list real damages as part of your claim. While you can file a claim without asking for any punitive damages, the presence of real damages will be a requirement when filing your petition with the court.
A Final Thought
While the information outlined above can help you to determine whether or not your slip and fall injuries qualify you for compensation under current personal injury laws, the final decision regarding the merit of your case should always be made by a reputable attorney. Thankfully, many personal injury attorneys make it easy for you to get the additional information you need thanks to the availability of a free initial consultation. In order to take advantage of this opportunity to talk to a qualified attorney at no cost to you, be sure to contact a personal injury attorney in your local area today. For more information, contact a firm such as Large & Associates Attorneys.