Property owners are responsible for keeping their property safe by removing anything that may cause a trip and fall. You can file a claim for compensation if you fall and sustain injuries due to a property owner’s negligence. A skilled trip and fall lawyer must ask you questions about the accident to build a strong case against the negligent party. Here are some questions to expect from your attorney:
What Caused Your Fall?
Details of the accident help your attorney determine who was at fault. Give your lawyer a detailed account of the incident, including the date, time, and exact location of the fall. Give your attorney specifics of the area where you fell. This includes whether it was poorly lit or the surface was wet, slippery, cluttered, or uneven. If there was a warning sign indicating the conditions that led to your fall, it might affect your case as it makes you responsible for exercising caution.
The property owner may repair the area where you fell or add warning signs after your accident. Take pictures to capture the condition of the property at the time of the accident. Your trip and fall lawyer can help you get evidence, such as witness statements and video surveillance, to prove your claim. Your lawyer may also ask about the shoes you wore when you fell. This can help to determine if they may have caused the fall.
What Injuries Did You Sustain From the Fall?
Describe your injuries from the fall, detailing your symptoms and the doctor’s diagnosis. Describe your pain levels, any mobility issues experienced after the fall, and the effects of the injuries on your daily life. Document your medical treatments, length of hospital stays, and cost of treatment. Your attorney also needs to know when you first sought treatment. They need to know the names of the medical professionals who attended to you. They should also know the treatments and any follow-up care you received.
If you take too long to seek treatment for your injuries, the defendant’s defense team may claim your injuries were not severe or resulted from a separate incident. Even if you are not in pain after a fall, get a medical assessment to rule out hidden injuries.
Who Owns or Manages the Property Where You Fell?
This question helps determine the responsible party for the claim. Property owners may lease or rent their property to others for business purposes. In this case, the person occupying or managing the property is responsible for keeping it hazard-free. For residential properties, the managers are responsible for any structural issues that cause trip and fall hazards. If the person occupying a residential property installs features like floor treatments or a slippery rug that causes the accident, they are liable for trips and falls.
Was the Property Owner or Manager Aware of the Hazard?
Property owners or managers are liable for trip and fall accidents if they were aware of or should have known about a hazard on their property. You can also claim compensation if you can prove the responsible party caused the hazardous conditions on the property. If a manager was unaware of dangerous conditions on their property, they are still liable if they failed to inspect for trip and fall risks.
Hire a Trip and Fall Lawyer for Your Case
The success of trip and fall cases depends on your ability to prove fault and show the extent of damages from a trip and fall. An experienced trip and fall lawyer knows the right questions to ask to prove the defendant’s liability and build a strong case on your behalf. Your attorney gets your account of the accident and gets witness statements to validate your account. They also gather evidence to prove the property owner’s liability. Hire an experienced trip and fall attorney to improve your chances of a successful trip and fall claim.
