Millions of people suffer from slip and fall injury in the US every year. In case you are involved in a slip and fall injury, there are several steps you can take to get compensation for your injuries.
In this post, we have outlined the steps that you should take to make a slip and fall injury claim.
Step 1. Determine Whether You Have a Case
Before you submit a slip and fall injury case, you should first determine whether you have a case. You need to assess whether the property owner acted negligently in ensuring a safe environment. Also, you should consider how much you are at fault in sustaining a slip and fall injury.
In order to successfully prove the fault of the property owner, you should prove that an unsafe or dangerous condition led to the injury. Also, the unsafe condition should have remained for a sufficiently long time. For instance, if water has been spilled one or two hours before the slip and fall accident, the property owner is not liable.
Some of the examples of dangerous and unsafe conditions include the following.
· Slippery floors
· Dirt and debris
· Damaged sidewalk
The property owner is legally required to ensure a safe and healthy environment. It's important to note that the property owners are required to take "reasonable" care in ensuring safe work conditions. They won't be liable if an injury happens despite reasonable care has been taken to ensure safe condition.
For instance, a property owner is required to regularly clear ice and snow from the sidewalks leading to the house. But they don't have to ensure that the sidewalks are perfectly dry at all times. That's why a property owner is not liable if a slip and fall injury occurs right after a snow storm.
Step 2. Get Medical Treatment
Right after the accident, you should schedule an appointment for treatment of slip and fall injuries. If you don't schedule an appointment, the jury will think that the injury was not severe. Also, in case you miss appointments, it will indicate that your injury had recovered and a medical treatment was not required. So, you need to make sure that you get an appointment and visit the doctor accordingly for treatment.
If recommended by the doctor, you may need to schedule an appointment with a physical therapist. The therapist will not just work with you to treat the injury, but also substantiate your claim by documenting visits and recovery status.
Step 3. Keep Record of All Medical Bills
You should keep a proper record of all medical bills that relate to treatment of the slip and fall injury. Until your personal injury case is resolved, you need to keep a record of all medical related documents. You should save documents relating to medical appointments, bills for crutches, physical therapy sessions, consultancy fees, medications, and treatment.
Also, you should consider keeping an injury journal. In the journal, you should record the progress of the injury, pain intensity, and the impact of the injury in performing routine tasks.
Step 4. Fill a Detailed Accident Report
You should fill a detailed accident report right after the injury. Commercial property owners generally request the injured person to fill in and sign an accident report. Although there is no legal requirement, filling out a detailed accident report that is duly signed can be presented as an evidence at the court.
Step 4: Contact a Personal Injury Attorney
Keep in mind that a slip and fall injury is not a do-it-yourself (DIY) project. You need to contact a professional personal injury lawyer in Kentucky to get adequate legal representation. This is important to present a legitimate case regarding a slip and fall accident.
Make sure that you hire an experienced personal injury attorney. An experienced attorney will gather required evidence to make a legitimate claim. The lawyer will attempt to interview witnesses in order to establish the negligence of the property owner. Also, the lawyer will determine whether you were partly involved in a slip and fall accident.
Step 6: Be Prepared
You should be prepared before you contact a personal injury attorney. Make sure that you bring all documents related to a personal injury. You should also tell the lawyer about missed work due to the slip and fall injuries. It's important that you inform the attorney whether you were hospitalized and received treatment for the injuries.
Step 7: File Within the Time Limit
You need to file a personal injury lawsuit within a certain time period. Every state has a specific time limit, known as the statute of limitations. For personal injury claim, the statute of limitation in the state of Kentucky is one year. This means that you have a year from the date of the accident to file a personal injury case against the property owner. The clock begins to run from the date of the accident. The exception to this rule is when you become aware of the injury later. In such a case, the time starts from the day the extent of the injuries caused due to a slip and fall accident.
You should let expert personal injury attorney at Christopher Jackson Law handle your slip and fall injury claim process. Our legal specialists will walk you through the exact steps that are required in filing a personal injury case. We serve clients all over the state of Kentucky.
In case you want to get legal help for your slip and fall injury case, you can contact us today for an initial consultation. We will help you in fulfilling all legal requirements relating to a slip and fall injury claim.