As the icy season approaches, one of the major concerns for people across the country is slipping on ice. Slipping and falling due to ice can be a seriously devastating injury, limiting your ability to live and work the way that you are accustomed to. If you’ve suffered such an injury, then one of your options to speed your recovery and support your family is to file a personal injury lawsuit against the owner of the property where you fell.
However, before filing your slip and fall suit, it’s crucial that you learn the obstacles involved in cases involving ice and what you can do to win your claim. Here are some tips for handling your injury lawsuit after experiencing a devastating slip and fall accident because of unaddressed ice.
The Location of Your Fall
One of the first things you should keep in mind after you’ve slipped on ice is the location of your fall. For example, many ice-related slip and fall lawsuits involve large business, such as big box stores. While the payout in these cases can be much larger, they are also very difficult to win. Large stores usually do not handle parking lot ice removal themselves, instead of contracting out to smaller businesses, which helps to insulate them from liability.
On the other hand, if your fall took place at a smaller business or at a home, then you will have a much easier time proving your case, albeit with a lower compensation level. The location of your fall will be the largest indicator of the success and ease of your case.
Evidence at the Scene
Falls, like most accidents, come out of nowhere, which means you usually aren’t focused on collecting evidence in the immediate aftermath of your injury. However, if you want to win your slip and fall case, collecting evidence is the most important thing that you can do.
Most importantly, you need to document the presence of ice at your fall, particularly if there is a large accumulation that was unavoidable. Secondly, if an ambulance or a police officer attended to you after your accident, request copies of any reports that may have been generated. Lastly, speak to any witnesses of your fall and take down their accounts while they’re still fresh.
Precipitation Means Problems
As a final note, before making the decision to file your injury lawsuit, you need to be sure of the weather conditions at the time of your fall. Icy precipitation, while dangerous, cannot be foreseen or controlled, which means that a property owner is usually not responsible for protecting you while precipitation is occurring.
For your case to be successful, your fall needs to have taken place while ice was present on the ground but the skies were clear. Otherwise, you’ll have a difficult time proving negligence in your case.
Handle Your Injury Lawsuit with Care
For most people, handling a slip and fall case by themselves is almost impossible, which means you need the right legal help so that you can get the compensation you deserve. Our compassionate attorneys are here to help. Schedule a consultation with Mitch Grissim & Associates today.