This is the second in our three-part series answering your questions about slip and fall accidents. Find out from our experienced slip and fall lawyers the answer to the question: are slip and fall cases hard to win?
Yes, Slip and Fall Cases Are Hard to Win
Slip and fall cases that occur on someone else’s property can be difficult to win for several reasons. These types of accidents are often complex, there is no clear-cut formula for determining fault or liability, each case is unique, and most importantly, they carry a burden of proof.
Burden of Proof Makes a Slip and Fall Lawsuit Difficult to Win
The complexity of slip and fall accident cases largely depends on the burden of proof, a legal requirement found in Illinois Pattern Jury Instruction 21.01 where the claimant must prove their allegations against property owners with evidence and testimony. For instance, if someone slips in a grocery store, the slip and fall attorney must demonstrate that the store owner was negligent and responsible for the fall injuries.
Who Has Burden of Proof in a Personal Injury Claim?
In a civil case, the plaintiff claims wrongdoing and must prove these claims to recover damages. The defendant is the accused. For example, if Jane Doe slips at Costco and breaks her leg, she is the plaintiff, and Costco the defendant. To receive compensation, Jane must prove her claim that Costco did not keep the premises safe.
Is It Hard to Prove Slip and Fall Cases?
In personal injury cases, plaintiffs must meet the “Preponderance of Evidence” standard, meaning their claims must be more likely true than not, at least 50.01% certainty. While not requiring absolute certainty, proving a case remains challenging. Evidence gathering, including witness statements, accident reports, and records, are crucial for success in a slip and fall injury case.
How Does a Slip and Fall Lawyer Meet the Burden of Proof?
In Illinois, a judge uses Jury Instruction 21.02 to inform the jury that the plaintiff must prove three propositions by a preponderance of the evidence to win their case and receive compensation:
- The defendant was negligent by either acting or failing to act as claimed by the plaintiff.
- The plaintiff was injured.
- The defendant’s negligence directly caused the plaintiff’s injury.
What Should I Do If I Am Injured in a Slip and Fall Accident?
When a slip and fall accident occurred on someone else’s property, it’s important to take steps to protect your rights and prepare for possible legal action.
Seek Medical Attention
If you experience any injuries, seek medical attention immediately. Prompt medical care can help assess the severity of the injury, provide appropriate treatment, and prevent further complications. Retain copies of the medical bills.
Report the Accident
Report the accident and injury to the property owner or manager immediately. This allows them to create an incident report, which documents details like your contact information, a narrative of the accident, witness information, photos, and your injuries. Ensure your account is accurate and obtain a copy of the report.
Document the Accident
Gather the following information:
- Contact information about a representative of the business or establishment
- An incident report
- Details on what caused your slip and fall accident
Unexpected Evidence Requests
Attorneys have seen requests for certain items as evidence in slip-and-fall cases. These include receipts to verify the victim’s presence at the store, descriptions or pictures of clothing for identification, and details or images of shoes to assess their role in the incident. Keep these records safe.
Video surveillance
If available, obtain a copy of any video surveillance footage that may have captured the incident. This can serve as crucial evidence in your case.
Photos
Take photos of the accident scene, your injuries, and relevant details to support your claim in slip and fall cases. Also, request preservation of any potential video surveillance by sending a certified mail request to ensure it is saved for review.
Witnesses
Gather witness information for slip and fall cases, as their testimony can be important. Record their contact details for future reference.
Contact a Personal Injury Lawyer
The evidence that can be collected for a slip and fall claim is critical to the investigation and legal process. Gathering all the evidence can be frustrating and daunting. Contacting an experienced law firm can make this process so much easier.
How The Kryder Law Group, LLC Accident and Injury Lawyers Can Help You
Our legal team is highly experienced in handling severe injuries from slip and fall accidents. Given that most of these slip and fall cases settle out of court, our skill in negotiation and dealing with insurance companies can secure the best possible compensation for you. We will evaluate your case, advise you on your legal options, and build your case to recover maximum compensation, including medical expenses, lost wages, and more. Contact us for a free consultation.
Find More Answers: All You Ever Wanted to Know About Slip & Fall Accident Cases
November 10th, 2024
(312) 223-1700