How Hard Are Slip and Fall Cases To Win
Schrier Law Group knows that slip and fall accidents (a type of premises liability case) can be devastating, both physically and financially. This isn’t exactly startling news. But are they hard to win?
If you’ve been involved in a slip and fall accident and you’re thinking of filing a personal injury claim (with Schrier Law Group), you’re probably wondering what you’ll have to do to win.
The Challenges of Slip and Fall Cases
Slip and fall cases are challenging because you have to prove three things, all of which are critical.
1 – You have to prove that your accident was due to someone else’s negligence.
2 – You have to prove that it directly caused your injuries.
3- You have to prove that your slip and fall accident injuries have caused direct financial costs.
There are several ways a slip and fall accident can occur. It can be due to a lack of signage warning about a wet floor or a failure to maintain safe sidewalks. Actually, the number of things that can cause a slip and fall accident is almost infinite.
When a property owner fails to protect you from a slip and fall injury, it may still be difficult for you to prove your case.
We will discuss why it can be difficult to win your slip and fall case.
Do Most Slip and Fall Cases Go To Trial or Settle?
The vast majority of slip and fall cases will settle out of court because defendants understand that it is typically less expensive and much less time-consuming than taking the case to trial.
But even though most slip and fall cases settle out of court, each case is unique, and the outcome depends on the unique circumstances surrounding the accident.
Some cases settle long before a jury trial takes place, while others can settle days or even hours before a trial is set to take place.
Many times, whether or not your case goes to trial is determined by the willingness of the insurance company to offer a fair settlement to the victim of a slip and fall accident.
How Long Do Slip and Fall Cases Take To Settle?
The time it takes to settle your slip and fall case can be anywhere from a few months to a few years. It all depends on the circumstances involved.
Victims of slip and fall accidents due to someone else’s negligence have little control over how long it takes your case to settle.
You can do things to speed up the process, but you always want to be sure you take enough time to be sure you get a fair settlement.
How Do You Prove Negligence In A Slip and Fall Case?
Every property owner has a responsibility to maintain their property and remedy any hazards as soon as possible to avoid injuries.
Although it seems straightforward, it can be quite difficult to prove that the property owner was negligent. Property owners are likely to argue that you had shared in fault or had all of the fault in your accident and that you are responsible for your injuries.
To prove that the property owner is responsible for your injuries, you must prove that they should have known about the dangerous condition, that they didn’t fix it, or the owner’s carelessness caused the dangerous condition.
Why It’s Hard To Win a Slip and Fall Case
No matter what type of slip and fall (personal injury) case you have, it will always rely on your ability to prove negligence. In a slip and fall accident claim, you also have to prove all the other elements of a negligence claim.
This means you have to prove that the defendant owed you a duty of care, that you suffered physical and financial damages, and that the negligence of the defendant caused those damages.
In a typical car accident case, negligence can be proved with police reports and camera footage. You usually don’t have that type of evidence in slip and fall cases. In slip and fall accidents, you generally have to rely on first-hand accounts of the accident.
As mentioned above, you will also have to prove that the property owner or someone in charge at the property knew about the hazard and that they had enough time to repair it or remove it but didn’t.
In a worst-case scenario, no one was around when your accident happened, there is no security camera footage, and there is no evidence you can use to claim that the property owner knew of the hazard.
That worst-case scenario is all too common, which is why it is so hard to win slip and fall cases.
The Schrier Law Group handles many slip and fall cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your slip and fall case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Wrongful Death Suits Filed After Truck Kills Young Couple on Jax Highway
A wrongful death lawsuit was filed Wednesday, September 23rd on behalf of Hannah Krajewski and Devaughn Gresham. Krajewski, 21, and Gresham, 23, were killed when a semi-truck slammed into them on I-95 in Jacksonville, Florida earlier this month. It’s an area of the interstate that’s been under construction for months.
The father of Krajewski has a message for all truck drivers: slow down and be careful.
“I never want to see this happen to anyone else again. It was senseless, and it never needs to happen again,” said James Krajewski.
Krajewski and Gresham were heading into Jacksonville for a date night about 10 minutes away from the downtown area when the semi-truck rounded the curve at the Lem Turner exit, lost control, hit the center median and slammed into the Kia Optima, driving it across the highway and into the guardrail.
Gresham had recently graduated from Robert E. Lee High School and Krajewski graduated from Orange Park High School.
The Kia became a mangled mess. It shows how fast and impactful the accident was. The crash report from Florida Highway Patrol has limited information but it says that charges are pending on the outcome of the investigation.
“The rules are the truck driver has to slow down and use extreme caution in weather, in the rain, on wet roads. The rules are you have to slow down in construction zones,” Pajcic said.
Pajcic said the semi-truck driver was going at least 70 miles per hour, which is 10-miles-per-hour over the speed limit.
A spokesperson for the Florida Department of Transportation said the stretch of I-95 between Norwood and Edgewood Avenues is being resurfaced but added that there was no construction being done the night of the crash.
Unfortunately, these types of truck accidents are far too common. Our hearts here at Schrier Law Group go out to the families of the two deceased.
What To Do Following a Motorcycle Accident?
Have you recently been in a motorcycle accident? It must have been terrible; your entire being was in shock from being propelled from the motorcycle and have most likely been injured in a horrific manner. These types of accidents cause many serious injuries and fatalities every year. It is important to know what you need to do if you are involved in a motorcycle accident. We at the Schrier Law Group want to prepare you for what is to come because you’ll most likely be in a lot of pain and suffering following the accident.
What to do After the Accident?
So, the accident just occurred, you’re processing the situation and the damage and attempting to decide what is the best move. First and foremost, seek medical attention. Make sure that there are medical professionals on their way before making any other moves.
If everyone is in a state that doesn’t require immediate medical attention, then it is important to begin gathering information immediately. Assess whether there were witnesses or not and make sure to receive their information quickly to receive a statement from them. If possible, take pictures of anything that would pertain to the accident. Pictures are the most accurate way to discern damages to the vehicles, the makes, models and license plates of the vehicles and much more. Finally, you’re going to want to wait until the police arrive so that the accident and your story is documented.
The Final Task
Your final task after an accident is to contact an attorney. It is important not to give the other participant of the accident any apologies or any signification that you are admitting fault. Your attorney will guide you through the remainder of the process.
These accidents can get extremely deadly and should be dealt with accordingly. Make sure to retrieve an attorney that knows the ins-and-outs of personal injury law. The Schrier Law Group is a team of personal injury attorneys that will aggressively represent you in a court of law. Contact us today!
Why do you Need an Attorney After a Slip and Fall Accident?
Slip and falls are some of the most unfortunate accidents that can happen. No one in their daily lives is considering the fact of falling over and hurting themselves. These random accidents may lead to some of the most unexpected injuries. In most circumstances, slips can be traced back to personal carelessness and what’s done is done. However, there are certain situations that can be traced back to the negligence of another individual. In these cases, you need to call upon a personal injury attorney.
The Schrier Law Group understands the inner workings of almost every type of negligence case. It is important that you receive the compensation that you deserve. Contact the Schrier Law Group to get the money that you deserve for a Slip and Fall case.
What is the Plan Following the Accident?
First and foremost, it is always important to search for medical aid if you are the victim of a slip and fall accident. Your personal health will always be more important. However, it is also important to report the accident. The owner or landlord must be informed of an accident immediately following and make sure to have some type of written report. This is also part of the next step; Document everything. Witnesses’ personal information such as phone number and email, statements, pictures of the area that you fell. Try to take pictures that would show the nature of how you fell. All of this will help you in the case or the settling of the lawsuit.
After you take all these important steps, all you need to do is contact an attorney. They will handle the rest. A personal injury attorney will guide you through your slip and fall case and hold the negligent parties responsible. You deserve money for the accident that caused medical pains and bills. The Schrier Law Group is here to back you up.
Never Apologize After an Auto Accident; Here’s Why
Thousands of auto accidents happen every day throughout the United States. All of these situations are always going to have a person at fault. However, this determination over fault could be very complicated. All of it comes down to either one party admitting fault or finding out who was negligent in the accident. That is where the importance of never saying sorry following an accident. An apology is basically you declaring you are at fault. That means you are going to be responsible for the accident.
Information to Gather Following an Accident
There is a lot of things that need to be done following an auto accident. However, the information you gather at the scene of the accident is most useful in the future if a case erupts. Here is a list of information you should be gathering:
- Report the Accident to the police. After doing so, record the time, date, and parties involved.
- Obtain witness information but never admit fault. Regardless if you are at fault at not, any indication that you may have been in the wrong may be used against you in a court of law at a future date. Never apologize.
- Take pictures of the accident. Make sure to take very clear pictures of any damage to your vehicle and the other person’s vehicle. The more pictures the better. Making sure that their license plate is in at least one of the pictures is recommended as well.
- Gather personal information for the parties involved. Name, phone numbers, insurance information, license plate numbers are all very important for your insurance company.
- If you require any medical care at all, make sure to take note of all even slight injuries. If medication, treatment, or surgery is required, then you need to keep all of the bills from medical treatment. These may be compensated to you in the future.
Regardless of the accident or if you are at fault, never apologize for the incident. You will be immediately seen as the person who was most likely being negligent prior to the accident.