Whether visiting an unfamiliar area or just trying to have fun, it can be easy to overlook potential hazards. However, this doesn’t mean you should ignore the risk of getting hurt in certain situations.
In fact, with over 30 million reported falls every year in the United States alone, there is an extremely high-risk factor involved when stepping out into the unknown.
Thankfully, good laws and regulations are in place to help prevent accidents like these from becoming common occurrences. And as far as slip-and-fall lawsuits go, this type of lawsuit is fairly straightforward once you know how to identify one.
This article will explain everything you need to know about slip and fall lawsuits so you can be more informed should you ever need to file one.
What Is a Slip and Fall Lawsuit?
A slip and fall lawsuit is a legal proceeding after a person has fallen or been injured while walking in a public or private area. In many cases, a person will fall while walking on a stairwell, a roof, a balcony, a sidewalk, or somewhere that is not properly maintained.
Seems pretty straightforward, right? Well, where it gets tricky is when a person falls due to the negligence of another.
For a person to file a slip-and-fall lawsuit, some form of negligence must be involved. For example, if a person falls while walking inside a grocery store and the tile is wet without any caution sign, that person would have a valid slip-and-fall lawsuit.
The Legal Process of a Slip and Fall Lawsuit
Filing a slip and fall lawsuit can be complex since you must prove that the fall happened due to negligence and that you sustained injuries. However, a slip-and-fall lawyer can help you through this process.
After a person files a slip-and-fall lawsuit, the next step is to serve or present the case to the defendant. This means the plaintiff must find the defendant and give them a copy of the lawsuit (or “service” the case).
Some jurisdictions have certain rules on who is deemed a “defendant” in a slip-and-fall lawsuit, so it’s important to be careful when attempting to serve the defendant.
After the plaintiff has served the defendant, the next step is to file a “complaint” or “bill of complaint.” This is essentially the plaintiff’s claim against the defendant, and it must be filed with the court. If the complaint is improper and thrown out, the plaintiff will likely be subject to an “answer” or “rebuttal” from the defendant.
Damages Owed In a Slip and Fall Compensation Lawsuit
When filing a slip-and-fall lawsuit, one thing to remember is the compensation you seek. This may include medical bills, lost wages from missed work, medical appointments, and anything else damaged due to the fall.
Before a person files a lawsuit, it’s important for them to put a price tag on compensation. In many cases, the plaintiff’s slip-and-fall lawyer and the defendant will settle before going to court and working out a deal that includes a sum of money from the defendant’s side of the equation.
The Final Words
Some slip-and-fall injuries can devastate a person’s personal and professional life. And in many cases, this type of accident is not entirely the fault of the person who fell.
Fortunately, the legal system is designed to help people like this by providing them with a legal remedy that can compensate for their injuries, which is filing a slip and fall lawsuit with the help of a slip and fall lawyer.
This type of lawsuit is fairly straightforward once you understand its key components, including what it is, filing a complaint, serving the defendant, and seeking compensation as needed.