There are many different kinds of personal injury cases, and every case is unique. Slip and fall cases are some of the most common personal injury actions handled by McGlone Law in Terre Haute IN. Readers can click here for some basic facts on personal injury cases.
* Slip and fall injuries are civil or tort cases. This simply means that they are private lawsuits, brought by one person against another in search of compensation.
* A slip and fall can occur anywhere. Most of these injuries occur in public places such as stores. However, if a person goes to someone else’s house and an unsafe condition causes them to slip and to be injured, the homeowner can be held liable, along with their insurance company.
* Standards vary depending on location. Public businesses owe their customers a greater duty; customers are invitees, and the business owner must keep the premises safe. Conversely, visitors to homes are licensees and the homeowner owes them a lesser duty. As a licensee, it is difficult to prove negligence in a slip and fall occurring at a private residence.
* Personal injury lawyers can help clients bring tort cases. If a victim wants to sue after a slip and fall, a lawyer can help them gather the necessary evidence and file the correct papers.
* It is the victim’s duty to prove negligence. If a person falls and is injured, the other person is responsible only if they breached a legal duty. It’s the plaintiff’s responsibility to prove a breach by a preponderance of the evidence. The victim must prove that they suffered harm for which they can get monetary damages.
* Recovery can be decreased if the victim’s negligence contributed to the injury. Under state law, victims can recover damages if they share fault for the fall. However, damages are reduced by the portion of fault assigned to the victim by the court.
* Some victims may be able to get damages for emotional distress. Along with compensation for actual injuries, a victim can get compensation for the fear they suffered because of the injury.
Many slip and fall lawsuits are settled before they go to court. In most cases, the victim does not have to take the case to trial, and the defendant typically offers payment in a lump sum. For help litigating a slip and fall case, call McGlone Law in Terre Haute IN today.
