DiCindio Law LLC | June 26, 2020 | Personal Injury
Is It Hard To Win A Slip And Fall Case?
Suffering injuries in a slip-and-fall accident can be devastating both physically and financially. If you have been injured and are considering filing a lawsuit against the property owner, you might wonder whether your claim will be successful.
To prevail in a slip-and-fall accident claim, you will need to prove that your accident was caused by the negligence of the property owner or operator. While this might be fairly straightforward in some cases, it might be complicated in others. Some cases require significant evidence and the analysis of experts to convince a judge or jury that the plaintiffs deserve to be compensated.
Michael DiCindio at DiCindio Law can review your case and explain your chances of success and your options.
Slip-And-Fall accident Claims in Pennsylvania
It is not impossible to win a slip-and-fall case, but it can be difficult. Anyone who has suffered injuries in a slip-and-fall accident while visiting the property of another should seek advice from an attorney immediately. A lawyer can help you to determine whether your claim is valid and improve your chances of recovering compensation.
Slip-and-fall accidents fall under an area of tort law called premises liability. While many of these cases are filed each year, most people do not understand how serious these claims can be. Slip-and-fall accident victims can suffer catastrophic and serious injuries that can permanently impact their lives.
To be compensable, a slip-and-fall accident must be caused by the negligence of a property owner. Every property owner has a duty of care that is owed to lawful visitors to their properties. When a guest or customer is injured because the property owner failed to fix or remove known dangers, the owner can be financially responsible to pay for the injuries and losses that result.
Why are Slip-And-Fall Accident Claims Difficult to Win?
Personal injury claims, including slip-and-fall accidents, are civil cases. The plaintiffs have the burden of proof when they bring these claims. The victims must prove that they have real injuries that were caused by their accidents and that the damages amount is valid. You will be required to prove the property owner’s negligence and the causal link between his or her conduct and your accident and injuries. When you bring your lawsuit, you will have to prove each of the elements of the claim, including the following:
- The owner owed a duty of care to you while you were visiting the property.
- The owner breached the duty of care.
- The owner’s breach caused your accident and injuries.
- Your injuries caused you to suffer financial losses.
Car accident claims can be easier to prove because they often have police reports, witness statements, video footage, and other types of evidence. By contrast, slip-and-fall accidents often only rely on any witnesses who were present, and some are based only on first-hand accounts of what happened.
Slip-and-fall accidents will require you to prove that the property owner or operator had reasonable notice of the dangerous condition but failed to act to correct it within a reasonable amount of time.
Showing this will require you to find evidence that the owner either knew or should have known about the dangerous condition on the property. In a store, you might need to get maintenance and inspection records to show how much time had passed to demonstrate that the store operator had enough time to have discovered the condition.
There might also be video footage that you will need to get. Your lawyer can ask for the footage from the cameras to show that the dangerous condition existed for a sufficient amount of time that it should have been discovered and removed.
In most slip-and-fall accidents, the property owners will try to place the blame on the victims. The owner might argue that you saw the dangerous condition and purposely slipped or tripped and fell. In other cases, the property owners might argue that the victims caused their accidents by engaging in reckless or careless behavior.
If the property owner is able to show that you saw the dangerous condition but failed to avoid it, you might not recover damages. If the owner can show that your negligence contributed more than 50% of the fault, you also will not be able to recover damages.
Disputing the Extent of Your Injuries
In some cases, the insurance companies will admit that the property owners were at fault. However, they will dispute the claimed injuries and costs. They might argue that you are malingering and that your costs are much lower than what you are claiming. They might also argue that your injuries are old and were not caused by your accident.
Trying to fight against defense lawyers and insurance companies on your own is not a good idea. You should hire an experienced lawyer from DiCindio Law who understands the tactics that insurance companies and defense lawyers employ to fight against slip-and-fall claims. Slip-and-fall accident claims can be complex and can quickly change.
Having an attorney from DiCindio Law can help you to understand your rights and your case. Your lawyer will work to uncover the evidence that you need to help you to recover the compensation that you are owed. You should not have to bear the burden of substantial financial and noneconomic losses when your accident was caused by someone else’s negligence. We can fight for you to get the compensation that you deserve.
While a slip-and-fall accident case can be difficult to win, it can be easier when you are working with an experienced attorney. A lawyer can place you on more even footing when you are negotiating with the defense lawyer and can protect you against the insurance company’s tactics.
Schedule a Free Consultation with DiCindio Law
The legal team at DiCindio Law understands the devastating impacts a slip-and-fall accident can have on the lives of victims. We strongly believe that people who have been injured because of the negligent conduct of others should be fully compensated for all of their losses.
A former prosecutor, Michael DiCindio has experience in and out of the courtroom and understands how to negotiate and litigate claims. He can walk you through the process and help you every step of the way. Our firm always keeps our clients updated about their cases and are available to answer your questions.
Contact DiCindio Law today to schedule your free consultation by calling us at 610.430.3535.