Thousands of people go to hospitals every day for slip and falls. In fact, slip and falls are a leading cause of accidental deaths. People injured on someone else’s property may be able to file a claim because the law mandates that businesses and private citizens maintain their property. The property should be kept in a safe condition, so no one gets hurt. Slip and fall injuries may be serious and result in the victim being unable to work.
Slip and falls can be tricky cases. Victims should talk to an attorney in Auburn, Indiana. Visit the website for Grimm & Grimm to schedule a consultation. Attorneys need to start working on these cases immediately. First and foremost, they will want to photograph the area of the fall. Especially, if the hazard is visible, like uneven concrete or broken stairs. Next, the attorney gathers information about the client’s injuries and lost wages. They will attempt to negotiate a settlement with the insurance company, but sometimes it may be necessary to file a lawsuit.
A lawsuit is filed when the insurance company’s settlement offer is too low. The client needs to be compensated for pain and suffering, medical bills, lost wages and the experience of the accident. The key element of the lawsuit is whether the defendant maintained the property. The legal standard revolves around the defendant exercising “reasonable care”, which means what someone else would have done if they were aware of the hazard. The plaintiff has the burden to prove that the property owner was negligent. Likewise, the defendant will say that the plaintiff did not look out for its own safety.
The court looks at certain factors in deciding the case. The judge will want to know whether the property is examined on a regular basis. Furthermore, the defendant should have proof of the examinations. Also, if the plaintiff tripped over something, was there a good reason for the object to being there? These cases are not always easy to win, which why it is important to have experienced legal representation. Attorneys will make sure the plaintiff has their day in court. Visit the website grimmandgrimm.com for more information.