(235+)Before you can talk about the actual amount of compensation with the insurance company, you need to provide persuasive evidence that their policyholder was at fault for your slip-and-fall accident. This is not always easy. Contact an experienced Philadelphia slip and fall accident lawyer at Gibbons & Crichton, Personal Injury & Accident Lawyers to learn more about your legal rights.
What Does Negligence Mean in a Slip-and-Fall Case?
Like every personal injury case, you need to prove that someone was negligent to win your slip-and-fall case. Negligence means that someone acted unreasonably under the circumstances and in a way that the average person would not have. The way you prove negligence in a slip-and-fall case is slightly different from other personal injury claims. In these cases, you would need to show that one of the following applies:
- The defendant created a dangerous condition.
- Someone else was responsible for the dangerous condition, but the defendant should have remedied it within a reasonable amount of time after they knew or should have known about it.
In other words, the defendant has an ongoing obligation to inspect and maintain their premises when they hold it open to other people. They must act within a reasonable amount of time after a hazard is created. They cannot get away with saying they did not know about it if a certain amount of time has passed.
The Difficulties in Proving a Slip-and-Fall Claim
The insurance company is going to make your life difficult when you are filing a slip-and-fall claim. If you do not have conclusive proof, they will reflexively deny your claim. When it comes to fall claims, insurance companies tend to be jaded because they see so many of them. These claims cost them a lot of money, and they do what they can to escape liability.
It is up to you to prove your case by a preponderance of the evidence. While you do not have to prove a slip-and-fall claim beyond a reasonable doubt, you do need to show that the facts you allege are more likely than not to have occurred.
A challenge is often that there may not have been many, if any, witnesses to your fall. You would need to recreate the conditions at the time of the fall to show that the property owner was negligent. Oftentimes, this may be a challenge in light of the limited evidence that is available.
Role of Expert Witnesses in Slip-and-Fall Cases
Your attorney may rely on expert witnesses at various phases of your slip-and-fall case. An expert witness could help prove responsibility for the fall itself, reconstructing your fall and accident and giving their opinion about who and what was to blame.
Expert witnesses can also give an opinion about your medical condition and the damages you have suffered. The insurance company will likely attempt to minimize your injuries to reduce the damages they must pay. Ensuring your story is told will reduce the likelihood of the insurance company imposing its viewpoint on the severity of your injuries. Expert witnesses are an important ally in this effort.
How a Lawyer Helps Build Your Slip-and-Fall Case
A slip-and-fall accident lawyer helps you build your case by using evidence available to you and other proof that may be in the hands of the defendant. In the immediate aftermath of the accident, you may be able to obtain the following to help you prove your case:
- Witness testimony from people who saw the accident
- Photos of the scene of the accident
- Photos of the conditions before the accident
- Recordings of the scene taken immediately afterward
- Testimony from an accident reconstruction expert who would give their opinion about what caused your fall
There may also be evidence in the hands of the responsible party. If you file a slip-and-fall-accident lawsuit, your attorney can request this evidence in the discovery process.
Such proof may include maintenance and inspection laws that show what the property owner did to learn of any dangerous condition. The property owner may also have video camera footage that can show what happened and the conditions beforehand. Your attorney must direct the potential defendant to preserve this evidence in advance of potential litigation.
How Comparative Fault Affects Slip-and-Fall Cases in Pennsylvania
Another tactic of the insurance company is to blame the accident victim for what happened. In a slip-and-fall case, they may claim you were hurrying and not looking where you were going.
Alternatively, they may claim you were distracted and looking at your phone at the time of the accident. They intend to break the chain of causation and get their policyholder off the hook for liability. Your slip-and-fall attorney may need to present evidence that defends you from allegations made against you.
Contact a Philadelphia Slip-and-Fall Accident Lawyer Today
The Gibbons & Crichton, Personal Injury & Accident Lawyers are tough advocates for our clients in the face of stubborn insurance companies. We help slip-and-fall accident victims when they need to fight. You can begin the legal process by calling us today at 215-274-0173 or by sending us a message through our website.
