Slip and fall accidents are one of the most common types of personal injury cases that are filed in the court system today. Winning a slip and fall case is not as easy as you may think it should be. As the plaintiff, the burden of proof lies heavily on you and your attorney. Here are a few steps that have proven to be integral to winning a case.
Help with Needed Documentation
Perhaps the most important part of winning a lawsuit is proving that the plaintiff was injured by a specific event. To prove injury, everything must be properly documented. Write down every single detail that you remember including time, place, what you were doing when you fell, witnesses to the event, etc. All of these facts will eventually come into question. A slip and fall injury lawyer in Washington, PA will help you with the needed information.
Prove the Causation Between the Accident and Injury
There needs to be a link established between the accident and the injury. One of the main reasons that a claim is denied is that there is no obvious link. This is one of the reasons why everything has to be documented. For example, if the plaintiff is claiming chronic back pain, the slip and fall injury lawyer in Washington, PA will help prove that back pain was not there before the incident.
The Duty of Care and Control
Another part of proving the case is to establish responsibility. The defendant must prove that the defendant was responsible for taking care of the issue that caused the accident. For example, in a department store, the store may be deemed responsible to keeping the floor in front of the entry dry. Is there a reasonable expectation that the owner or management would know that the store was wet?
Once responsibility is proven, the attorney will prove that the person responsible also had control over the situation. For example, if you fall outside a store because it is raining, it may be harder to establish control.
There are many different steps and things that have to be proven in court. Your attorney will take the information gathered and subpoena witnesses to the accident, experts, and everything else that will help you win your case. If you have been injured in a slip and fall accident, click here.