Slip and fall is a type of personal injury case in which the injured person can file a claim with the insurance company of the person whose negligence caused him injuries. Ethically, all property owners need to place a signboard if the property is broken or damaged. In case, he fails to do so, the injured person is entitled to receive compensation. Such scenarios may be complex and a personal injury lawyer Rockford, IL should be hired so that the case can properly be handled.
What do you need to prove in a slip and fall claim?
If you want to file a claim for your slip and fall accident, you need to show the following elements:
- The property has a dangerous condition, and it clearly shows that it can hurt people and still, the property owner did not do anything to prevent the accident.
- There was no warning sign on the damaged property at the time of the accident.
- If you were trespassing on the property, you can recover your losses if the property owner created the danger on the property to hurt you intentionally.
- A child can receive compensation if he got attracted to the dangerous property.
- The injuries and medical conditions such as poor mental health occurred because of the accident.
Why these cases are hard to win?
It is a well-known fact that the property owner will not accept his mistake in the first place. Below mentioned are a few reasons why they are difficult to win:
- There is no police report in most of the slip and fall cases, unlike auto accidents. The property owner may take advantage of such scenarios.
- There might be no camera installed on the property. Therefore, the burden of proof is solely on the claimant. He may find it harder to gather evidence.
- The claimant will rely on the witness’s statements to establish the liability, which may not be trustworthy. A witness may refuse to give any statement.
- The adjuster of his insurance company may hold you responsible for the accident and even call you careless at the time of the accident.
These cases are more complex because if no one was there at the time of the accident, you may not be able to prove that it was not your fault. In this case, a personal injury attorney can suggest the best way to prove the same.