Slippery, wet, and clutters floors can cause slip and fall accidents. Slip and fall accidents can happen at a store or work. The injured party can hold the store or their workplace liable for the incident by hiring a personal injury attorney in Kentucky to either take the case to court or negotiate a settlement outside of court.
To determine a slip and fall settlement, several factors come into play. If you ever experience a slip and fall accident, visiting a personal injury attorney should be one of the first things you need to do. Your personal injury attorney will help you manage the terms and conditions of the slip and fall settlement and negotiate a fair compensation amount, which includes medical expenses, pain and suffering, and attorney fees.
Three Factors Your Personal Injury Attorney Will Consider
Your personal injury attorney will consider three factors to determine the compensation amount the responsible party should award you in the slip and fall settlement case. Your personal injury attorney will assist you answer the following three questions:
1. Who is the party that is liable for the slip and fall accident?
2. Was the responsible party negligent or otherwise contributed to the slip and fall accident?
3. Was the injured party responsible for slip and fall accident or contribute to the slip and fall accident in some manner?
Let's look at three factors in a little more detail:
Business owners neglect the safety of workers or customers by failing to take essential measures needed to minimize the risk of injury. For instance, a pot hole, uneven surface, food left on the floor, or leaky ceiling are all examples of businesses failing to take proper and immediate action to rectify the situation and remove the threat of injury. When assessing the situation, your personal injury attorney will help you answer these two questions:
1. Could a reasonable person identify the situation as dangerous or hazardous?
2. Did the responsible party have enough time to improve the situation before the occurrence of a slip and fall accident?
For instance, poor lighting, lack of company policy enforcement, limited visibility, and lack of practical justification could have contributed to the slip and fall accident. Your personal injury attorney will determine the negligence of the responsible party.
To receive a fair compensation, you will need to prove that the business had several opportunities to prevent the slip and fall accident, but they failed repeatedly to do anything about it. They also need to prove that the business's justification for why they failed to prevent the risk of injury was no longer valid at the time the slip and fall accident occurred. With an experienced personal injury attorney assisting you prove the responsible party's negligence in the case, chances of you getting a fair compensation amount are high, as they know how to build a strong case against the business.
You need to prove that the business was liable for the slip and fall accident, meaning they have the legal accountability for the property and any incidents that occur on it. Usually, businesses assume liability for an injury, unless they have obtained insurance that frees them from assuming liability. If they business has liability insurance, your personal injury attorney will negotiate a settlement with the insurance company.
Ø Freedom from Fault or Contribution
Even though the conditions present at business caused the slip and fall accident, you still need to prove freedom from fault or contribution. With the help from your personal injury attorney, you need to place all the responsibility on the heads of the business.
If you contributed to the slip and fall accident in some manner, you need to accept your responsibility for your role in it. Some of the questions you will need to answer to determine if you were at fault or not include:
Ø Did the injured party participate in any activity that could have prevented them from seeing the obstruction? This includes texting or talking on their cell phone and not paying attention to what is ahead of them, thus leading to the slip and fall accident.
Ø Did the injured party have legal access to the location where the slip and fall accident happened or was there a reason the injured party entered that location?
Ø Did the responsible party post any warning signs? If yes, how many? Did the injured party ignore or failed to utilize safety measures?
In doing so, it frees the business from assuming full responsibility for the slip and fall accident. Speak with your personal injury attorney to understand the contributory fault laws in Kentucky.
Building a Strong Case
To build a strong case against the business where the slip and fall accident took place, your personal injury attorney will gather witnesses who can give sworn testimony, request the business to provide them with video surveillance, and request them to hand over incident reports. This will help you reach a settlement with the businesses and receive a fair compensation amount. For your part, you need to document your injuries and any related to them.
For instance, you were not able to take your car to the mechanic shop due to your injuries. Most importantly, you need to hire a personal injury attorney who has worked on settling slip and fall injury claims and understands how to build a strong case and reach a fair compensation amount.
In short, settlements do work in slip and fall injury claims, given you have a qualified and seasoned personal injury attorney by your side, helping you create a case against the business. If you are searching for a personal injury attorney in Kentucky, contact Christopher Jackson Law by calling us at 859-261-1111 to schedule a free consultation.