Determining Fault And Damages From A Slip-And-Fall Accident

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Determining Fault And Damages From A Slip-And-Fall Accident

8 July 2016
 Categories: Law, Blog


Whether you slip and fall at work, or you are on public property that wasn't safely maintained, you may not realize how hurt you are right away. When you fall, this is often a very startling experience. Many people try to walk immediately, and some people are successful at getting up and continuing on to their destination. What tends to happen is that the injuries from a slip-and-fall accident are felt over the next few hours and days, as stiffness settles into the body. If you have fallen because of unsafe conditions, it's important to get medical treatment to establish a baseline for potential injuries.

Determining Fault in a Slip-and-Fall Accident

If you were running carelessly, or wearing shoes that were not practical and you fell down well-maintained stairs at work, you are likely at fault for the accident. If the stairs were wet, or the area was dim, and this caused you to fall, the business owner is at fault. You can be found partially at fault for your injuries, but still have your employer found more at fault for having unsafe conditions that caused your fall. The bottom line is, as long as someone else is partially at fault for your injuries, you may be able to seek financial compensation for your losses.

Damages After Injuries from a Slip-and-Fall Accident

While you may not feel the need to seek medical attention, it's important to establish a baseline when you have taken a fall. The injuries you have sustained may not show up for hours or days, depending on how much adrenaline is coursing through your system after the fall. You should receive a medical evaluation to determine any injuries and to look for any potential injuries that can cause you pain or suffering. When there are clear injuries, you must seek medical treatment so that you can begin treatment right away.

Damages Are Both Clear Financial Losses and Losses that are Hard to Quantify

If you are injured enough to lose time off from work and to incur medical bills, these losses are easy to calculate. Additional losses, such as loss of function, pain and suffering, or loss of enjoyment, are losses that are more subjective. It can be hard to prove losses without a specific monetary value, but a judge takes these losses into careful consideration when determining your payout should you win your personal injury lawsuit.

For more advice, talk to a personal injury attorney like Gomez May LLP.