An attorney can prove negligence in a slip and fall claim by showing that the at-fault party knew (or should have known) that a hazard existed on their property and failed to take reasonable steps to prevent an accidental injury.
To prove negligence, a Long Island slip and fall lawyer will need to investigate and gather evidence. You should reach out to an attorney for help quickly after a fall accident to improve your chances of getting the funds you need to cover all of your losses.
How Can You Prove Negligence in a Slip and Fall Claim?
You can focus on proving negligence in a slip and fall claim by reaching out to an attorney for help investigating everything that happened leading up to the accident. To prove negligence, an attorney will need to show that:
The At-Fault Party Knew (or Should Have Known) About a Hazard
Your lawyer will need to establish that someone knew (or should have known) about the hazard that caused you to slip, fall, and sustain an injury. Establishing this knowledge may require interviewing witnesses or establishing the party’s familiarity with their property.
The At-Fault Party Failed to Address the Hazard in a Timely Fashion
A lawyer must show that the party responsible for your accident had a chance to address a hazard on their property and failed to act in a timely fashion. For example, a lawyer may need to show that a grocery store owner knew about a spill in an aisle and failed to send an employee to mop it up.
Addressing a hazard could also include putting up a warning sign to notify guests about the potential danger.
You can learn more about how you prove negligence in a slip and fall claim by reaching out to a Long Island personal injury lawyer for help.
What Else Do You Need to Prove in a Slip and Fall Claim?
You need to prove more than negligence to get compensation for your losses after a slip and fall accident. Your attorney will also need to prove that the fall caused your injuries and financial losses.
Establishing the facts about what happened to cause your fall and connecting the fall to your injuries may require your attorney to:
- Speak to witnesses and take their official statements
- Request surveillance footage showing your accident
- Get a copy of your accident report
- Get copies of all your medical records
You should contact an attorney quickly after an accident so they can begin investigating and collecting evidence.
Your Lawyer Will Need to Prove the Extent of Your Losses
To bring you fair compensation after a fall accident, your attorney will need to provide evidence that your accident caused economic and non-economic losses. An attorney will need to gather documentation, medical records, and other proof to establish the full extent of your damages.
Depending on your situation, a lawyer may show that you deserve compensation to pay for your:
- Medical expenses
- Lost wages
- Pain and emotional distress
- Mental suffering
In some cases, an attorney may also push the court to award you punitive damages. These damages serve to punish the party responsible for your accident. The court does not award punitive damages for all slip and fall accident claims.
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Do You Need to Prove Negligence in Court to Get Compensation?
Your attorney may not have to prove negligence in front of a judge and jury to bring you compensation after a fall accident. Instead, your attorney may focus on bringing you the money you need to financially recover by negotiating with the insurance company.
Negotiating an insurance settlement can allow you to secure compensation more quickly than going through court. Settling can also help you avoid court fees.
However, if the insurance company refuses to make a fair offer, your attorney may need to help you secure compensation through litigation.
Who Can Be Negligent for a Slip and Fall Accident?
Property owners often face liability for slip and fall claims. However, in some cases, attorneys may pursue other parties for compensation on your behalf. For example, an attorney may show that someone who rents or leases the property behaved negligently and caused your losses.
Your lawyer will need to investigate all the facts about your claim to identify potentially negligent parties.
Talk to Us About Proving Negligence in a Slip and Fall Claim
So, how do you prove negligence in a slip and fall accident? To prove negligence, a lawyer will need to show that another party knew about a hazard on a property, failed to address the issue in a timely fashion, and that the hazard directly led to your injuries and losses.
You can get help proving negligence by reaching out to our team at Levine And Wiss for help. We have over a century of combined legal experience, and we’re ready to get to work on your claim right now.
