Accidents occur every day, some of which are due to property owners not taking necessary precautions. In the case of a slip-and-fall accident, an individual may be able to file and win a personal injury claim.
It is essential that claimants understand the difference that the claim process entails. Particularly with slip-and-fall claims, there are a few important aspects to be aware of.
Filing process
In many cases, parties may choose to settle a slip-and-fall accident outside of court. Especially in cases where the incident involves a business or large company, the property owner will most likely want to maintain a low profile in regard to the negative incident. However, there are some instances where property owners may not feel they were in the wrong, or may not believe that the claimant has a strong case. In those cases, the injured party must file a claim with the court, and both parties have a chance to present their arguments at the hearing. Even during the court procedure, it is possible for the two parties to come to a settlement agreement; otherwise, the judge makes the final decision.
The claim
In order for a claim to be successful, the claimant must be able to show negligence. To do this, the claimant must show that the property owner or worker knew about the hazard but did not try to address or repair it, and that negligence led to the accident, which resulted in harm.
Duty of care
Establishing the duty of care is a critical part of proving negligence. Everyone has a duty of care, or obligation to act safely; there is a certain level of prudence that people should maintain in order to make their actions safe for themselves and those around them. When claimants can show that the property owner did not uphold this duty, it, in turn, helps to show negligence.
This is a brief overview, but the claim process is quite in-depth, so victims should take some time to review the process and consider consulting with an attorney to help create a strong claim.
