Slip and fall accidents are one of the most common types of personal injury cases in the United States, especially involving elderly individuals. One out of every three people over the age of 65 falls each year due to unsafe conditions, and thousands of these individuals die as a result of their accident.
Although older people do have a higher risk of falling and having serious consequences, it can happen to anyone under the right circumstances. With more than 8 million emergency room visits related to falls each year, it is important for you to become educated regarding the facts of slip and fall accidents.
- A Fall Can Happen at a Private Residence or on the Property of a Business
Public places are the most common sites for slip and fall accidents to occur. If a visitor becomes injured due to unsafe conditions on private property, they typically recover damages through the insurance policy held by the homeowner.
- The Type of Property Where You Fall Will Play a Part in the Case
Falls can happen pretty much anywhere, but some properties have stricter laws regarding the duty of care. The owner of a store or other public business property has the highest duty of care, followed by private homeowners. Visiting a store as an invitee comes with a guarantee that the premises is safe for walking, but a homeowner is not held to such high standards. Proving negligence is more difficult when the accident happens in a home, but it is not impossible to recover damages.
- Victims Are Responsible for Proving Negligent Conditions
Although it may not be an easy task, it is entirely up to you to prove that the negligent conditions were caused by the defendant. The court must believe that the actions of the property owner were in violation of the legal duty to provide safe conditions for visitors.
- Damages Must Be Proven
Hospital records and photographs of the physical injuries must be shown as evidence to prove that you endured harm and suffering that deserves financial compensation.
- The Settlement Amount Will Be Reduced If Your Injuries Were Partially Due to Your Own Negligence
In some cases, there is reason to believe that the victim has some responsibility for their accident. If the court decides that you had any fault in circumstances regarding the fall, then a percentage of the damages cannot be claimed.
- Compensation Will Be Determined by the Extent of Your Injuries
Someone that is severely injured will be able to recover more money than an individual with minor consequences. Compensation is calculated based on pain, medical fees, and suffering endured by the victim.
- It May Be Possible to Claim Emotional Distress
Actual injuries are the starting point for determining a compensation amount after a slip and fall accident. If the fall or injuries caused you to experienced embarrassment, stress, or fear, then you can claim this in your case.
Don’t hesitate to seek the assistance of our attorneys by filling out the contact form if you or someone that you love has been hurt in a slip and fall accident.