Slip and Fall Lawsuits
Going out to the grocery store or to a restaurant is a natural element in any person’s life. What might not be commonly thought about by the average person is what happens if you slip and hurt yourself?
Often, personal injury cases involving slip and falls occur due to another individuals negligence. An array of different laws and statues go into effect when someone decides they are going to pursue legal action on a slip and fall case.
Statutes in Effect
The two statues that will have the most immediate effect on the case will be a statute of limitations and the shared fault statue. A statute of limitations is a law that places a limit on the amount of time between the incident and the filing for the lawsuit. Personal injury cases typically have a statute of limitations of about two years. Slip and fall cases fall under personal injury and, therefore, have a two-year time limit in order to properly file for them. If you believe the owner of the property where you were harmed was negligent and wish to pursue legal action, you have a two-year time limit starting when the slip occurred.
In this case, you must also prove that the property owner was negligent regarding what caused the slip and fall. The case will usually hinge on if the property owner was negligent. This includes if an employee or owner caused the spill or dangerous surface, an employee was aware of the spill and did not do anything, and if the owner of the premises was negligent in caring for any damages to the property.
Filing a Lawsuit
The legal process in filing a lawsuit for a slip and fall would begin with a personal injury lawyer, like a personal injury lawyer in Arlington, TX, sending a letter to the property owner where the accident occurred. The letter would include how the accident happened, describing the damages that were suffered, and the compensation you are seeking. The compensation will often be discussed between the attorney and client and then sent to the opposing party.
Medical information, witness statements, and other relevant information will often be included in the letter sent to the opposing party. Correspondence then begins between the insurance companies who represent the property owner and the attorney who represents the plaintiff. The objective with correspondence is reaching a suitable settlement between the plaintiff and the insurance company.
Between the statute of limitations and working with an attorney, slip and fall cases are intricate but can be taken care of with proper guidance. Call an attorney today if you have a case.
Thanks to Brandy Austin Law Firm, PLLC for their insight into slip and fall cases.