Accidents and injuries do keep happening with everyone, but when someone else is responsible for this then you need to know what your rights are going to be like. As we all know, we can claim for such injuries when you are not at mistake at all. In such a case, someone else is liable to pay for you.
How are you going to prove that legally?
Here in this article, we will discuss this key issue. This is for everyone who is fighting for an insurance settlement or who is filing for a personal injury lawsuit. You will need to gather proof against the person who is responsible for it (usually it is the property owner).
Now there are 2 important questions in this kind of case:
- Who are the two parties liable for each other?
- Were they equally responsible for this kind of accident or was it possible to even prevent it?
What happens in such cases is that, the property owners never agree to take legal responsibility for the injury caused on their premises. Sometimes they also feel that the injury caused is not that bad that it needs to be insured. It is also possible that they want to prove that this injury was caused due to the injured person’s carelessness. In such cases, winning compensation becomes difficult.
So here comes the job of an attorney, who will stand with you for your rights. If you are looking for some good Mount Prospect slip and fall lawyer then you can check the site of claim your justice. They have the best lawyers who would not only understand your case, gather information for you, and stand with you till you get your justice.
Let us look in detail at how the lawyer can assist you to get your claims:
- To get your thing done right, you and your lawyer need to first prove that this particular accident was caused due to the property owner’s negligence. So here your lawyer would try to understand the whole incident. We all know that falls or incidents can happen anytime anywhere, but you need to know exactly how you got yourself into that situation and because of whom.
The lawyer would ask every bit of detail to ensure that you are not at fault by any chance. This information would very critical for him to help you. A good lawyer will examine the entire incident and discuss every possibility of your situation. He will have to consider the applicable state, federal law and local laws to understand if that property has violated any statute or regulations.
For example, if you slipped and fell from the stairs, then the lawyer would ask you questions like whether you missed the step, or you were on phone or talking to someone, or distracted by some other reason. As these are crucial points that can make the defendant prove that you were at fault. Your lawyer would also consult an expert to improve your chances to win the case.
- The property owner can be at fault if the place where this incident happened was in a bad condition such as a pothole or a slippery area or an uneven walking zone). This was the property owner’s responsibility to repair it or make it right, but was left as a potential danger for others.
- The next thing would be to prove the nature and the extent of your injury. This cannot be done just verbally but needs some proof to show the losses that have happened because of this accident. For example, if you have lost your income due to this injury, then you need to show some medical records and also your employment records to prove that you were not able to work due to this injury and have lost some month’s salary.
- Many a times it happens that the property owner would argue saying that the complainant is himself responsible for the accident (which can be either partially or fully). This kind of argument is called a “comparative fault”. Every state has codified it as “comparative negligence” or “contributory negligence” laws. If any state follows the contributory rule, then the complainant will not be liable to get any compensation due to his fault.
On the other hand, in a comparative negligence rule, the compensation will be reduced by some percentages. If the defendant by any chance gets to prove that the complainant had met with this accident due to his or her carelessness, then there will no chance to win this case.
- It is always better that you get detailed knowledge about the legal issues in this kind of case. You can go through the basics of premises liability and slip and fall accidents, which can help you to make your case stronger.
The case can be weak if the defendant will be able to prove that the injury is caused due to the complainant’s fault. The reason can be anything due to carelessness or did not notice the hazard even though he had time to prevent it.
if the complainant had a legitimate reason to visit that place and was fully aware of the situation or the danger zone then again, he will be at fault. Also, if there were warning signs posted and it was ignored, then this would be the biggest reason for the defendant to fight for his rights.
If you have a great lawyer, he would make sure that he prepares proper documentation so that there are no chances of the case getting weak and claim your justice. But as a responsible citizen, you as a complainant need to be sure that you speak every truth to your lawyer.
When it comes to the fee structures of attorneys, they always work under the contingency fee structure. This means that the lawyer would take his fee out of any settlement or the compensation that you may receive. So, if you fail to receive money then you don’t have to pay your lawyer too.