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What You Need to Prove to Win a Slip and Fall Claim

Submitted by cm on Mon, 04/18/2022 - 20:31

As one of the most common types of personal injury cases, a slip and fall incident can produce injuries that are serious enough to force you out of work for a considerable period.

In addition to losing your primary source of income, slip and fall damages also include paying for medical bills that put you in financial distress for months, if not years to come. Proving slip and fall fault requires the gathering of persuasive evidence with the help of an attorney who knows how to submit a personal injury claim that leads to the awarding of monetary damages.

Liability and Negligence for a Slip and Fall Claim

Proving negligence for a slip and fall claim requires you to meet four legal standards. First, you must demonstrate the property owner owed a duty of care to protect you against sustaining injuries.

A vast majority of businesses owe customers a duty of care to protect them against harm while they are on their properties. Second, you must prove the property owner violated the duty of care doctrine, which involves presenting overwhelming evidence with an insurance claim and the paperwork that accompanies the filing of a civil lawsuit.

The third standard for proving negligence in a slip and fall case is showing the breach of care of duty caused the accident in which you sustained one or more injuries. Finally, the slip and fall incident must cause you financial distress in the form of medical bills and the wages lost because you cannot work.

Proving Negligence for a Slip and Fall

Proving negligence for a slip and fall claim requires you to collect and organize evidence. To receive compensation for a personal injury claim, you need to submit copies of the medical bills that are directly associated with your injuries.

For example, if a slip and fall fractured your arm, you must submit the results of diagnostic tests that verify you suffered a broken arm. Other medical documents to file with a slip and fall claim include a detailed description of treatments programs and copies of receipts for prescription medications.

Slipping and falling on another party’s property requires the property owner to complete an incident report. An incident report presents information such as the date and time when the slip and fall incident occurred, as well as the sequence of events that unfolded before, during, and after the personal injury incident.

Photographs of the slip and fall scene can demonstrate the property owner committed one or more acts of negligence that caused your injuries. Although photographs taken of the accident scene represent compelling pieces of evidence, obtaining footage for a business security camera system can be the evidence that gets an insurance claim approved.

Proving Injuries Were from the Slip and Fall

Just because you slipped and fell does not mean the injuries you list on an insurance claim form resulted from the personal injury incident. You might have sustained your injuries from another source. An insurance company and civil court judge must discover a direct link between your injuries and a slip and fall incident.

You accomplish this by seeking medical attention immediately after a slip and fall, as well as submitting a written statement by your healthcare provider that confirms a slip and fall caused your injuries. Get a free case evaluation today to learn how to prove a slip and fall caused your injuries.

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