Legal Options for Spinal Cord Injuries After a Slip and Fall
Estimates from the National Institutes of Health suggest that the number of the U.S. population that has suffered a very serious spinal cord injury is approximately 302,000. These injuries could be caused by a slip and fall accident.
The victims of slip and fall accidents can legally claim that the property owner is liable for negligence and file a case against him or her. Having knowledge of what to do after a spinal cord injury in California or other states will assist a person in getting the justice and compensation that they deserve.
Let us take a short review of the necessary steps to be taken by an individual who has a spinal cord injury as a result of a slip and fall.
Understanding Negligence in Slip and Fall Cases
A single slip and fall on someone else’s property can occur anywhere. Before seeking compensation, one must first understand the legal concept of negligence and how it is to be implicated. Negligence occurs when a landlord fails to maintain a safe condition, resulting in the requisite injury.
To prove their case for negligence, the claimant will need to prove that the landlord owed a duty to maintain law and order in the premises and that the landlord breached the duty, which in turn led to the damage-causing injury to the claimant. A couple of common precedents where such a scenario takes place include a slippery floor without proper signage or a lack of a handrail on a staircase. Some evidence in your favor would include pictures of the accident site and witnesses.
According to slip and fall lawyer Christian R. Ayers, it is important to understand the laws surrounding negligence. These laws allow one to make a claim against landowners who fail to ensure a threshold of safety in their premises.
Proving Liability for Spinal Cord Injuries
To establish liability in cases of spinal cord injuries, it is necessary to prove that an accident occurred due to another party’s negligence. For instance, providing documents that prove a landlord’s obligation for the property maintenance would significantly bolster the assertion that the landlord is accountable for the safety of the visitors on his/her property.
Records of maintenance on the stairs or other property areas can help your case. This may also involve the landlord’s negligence being put before a jury and is strongly supported by photographs of the scene, maintenance records, and incorporated witness testimonies.
Documentation of the injuries and how they occurred is valuable, too. In the event that the slip and fall incident is caused by a slippery floor or an obstacle on the floor, it is a must to connect these hazards to the fault of the owner. If you can show that the property owner knew of the danger, it will help you strengthen the claims of your case.
A skilled attorney is able to work with you in developing a strong legal strategy for the proof of negligence and for the defense of your rights during the trial.
Types of Compensation Available for Victims
Victims with spinal cord injuries are entitled to demand various types of compensation to cover the costs for their medical bills, lost wages, and pain and suffering. Victims can also claim expenses for post-accident medical bills, which include hospital stays, physical therapy, and occupational therapy. If the injury prevents them from working, then they can apply for lost wages and future income.
You may obtain damages for pain and suffering if you experience anxiety, depression, and a loss of joy in life. Punitive damages may be awarded in extreme cases if the wrongdoer acts in reckless disregard for the rights of others.
Having comprehension of these types of monetary rewards might alleviate the burden that is on you to get the financial assistance required after a slip-and-fall injury.
The Importance of Evidence Collection
The process of collecting evidence is important for making your spinal cord injury case stronger. All the pieces of evidence gathered should work towards supporting your claim. This starts with taking images of the scene to demonstrate glaring danger points that caused you to trip. Document your injuries with medical or on-scene photos.
Witness statements will also be a quite beneficial source of information. Their accounts could serve to verify the details of your case. The journal entries that describe your coping with the injury and include anything related to your life will reflect the extent to which the injury impacted your life.
Handling the Claims Process for Maximum Recovery
One’s recovery is maximized by providing very detailed information about one’s case and by keeping thorough documentation. A professional legal practitioner, who is an attorney dedicated to serious slip-and-fall injuries, is able to effectively handle your case and provide you with his or her legal expertise.
Usually, the defendant’s insurance company will make efforts to decrease the payment. You and your lawyer would then have to engage in negotiations to overcome this hurdle. Having a lawyer is very helpful, as they will represent you in these interactions.
Maintain a comprehensive record of all the medical and other expenses associated with your claim. The whole thing might take a while, but you will eventually get what you are entitled to if you do everything right in preparing your case.
If a person accidentally fell down and got hurt in the spine, keep in mind that they can legally claim compensation. The main points in this situation are to find out who was negligent and to provide evidence of liability. A good personal injury lawyer will present your case with solid evidence to allow you to efficiently go through the claims procedure. Never think twice before asking for reimbursement of your medical expenses, lost income, and mental suffering. This procedure is, in fact, a very important part of the healing process.