Slip and Fall Attorney
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Slip and Fall Attorney
You are walking, not a care in the world, and the next thing you know you feel a protrusion coming out of the ground. Next, the world seems to slow down and you’re in the midst of ungraceful fall; you feel your knees buckle in and the unbearable pain sets in.
While no one hopes to go through such an event, it is an unfortunate and grim reality of life. However, by having an attorney by your side you may be able to prove that the owner of the property where you fell should have fixed the protrusion, the hole, or the wetness on the ground. If you can prove that the condition on the floor should have been rectified, you may be able to recover for your damages.
How Do I Prove A Slip and Fall Case?
Just because you slipped and fell on another entity’s property does not mean you are automatically entitled to recover. You must prove that the defendant had either actual or constructive notice of the dangerous condition.
Actual Notice: actual notice means that the defendant expressly knew that the dangerous condition was present. For example, actual notice may be shown where the defendant saw the wet floor and decided to do nothing about it.
Constructive Notice: constructive notice deals with situations where the defendant did not actually know about the defective condition on the floor but where the defendant SHOULD HAVE known defective condition. Constructive notice occurs when the defendant should have known about the defective condition had he or she exercised reasonable care.
For example, lets say that the plaintiff fell on a banana peel in a supermarket. If the banana peel had only been on the floor for a couple moments before the plaintiff fell; the defendant probably did not have constructive notice. However, lets change the facts and presume that the condition had present on the floor for over a day before the plaintiff fell on the banana peel; constructive notice may then be inferred because no reasonable supermarket should let a defective condition on the floor last for over a day.
Without either actual or constructive notice, a plaintiff cannot hold a defendant liable for slipping and falling because of a defective condition on the floor.
Why Should I Hire A Slip and Fall Attorney For My Case?
An experienced slip and fall attorney can provide a marked advantage in a personal injury case for a number of reasons. First, a seasoned slip and fall attorney should know that you only have 2 years from the date of the fall to file a lawsuit and that time is of the essence. Further, an attorney will be able to send out a subpoena and preservation letter to obtain any video surveillance of the fall; this will allow the attorney to observe everything that happened. In preparing a lawsuit having video evidence of what happened will only bolster your case.
Aside from the pre-filing strategy, your attorney should know the complexities of slip and fall injuries. In fact, being a personal injury attorney requires you to know advances in medicine, the progression of disease and injury, and the available surgeries or remedies to heal your wounds. With slip and fall injuries especially, the fall usually causes complications to the lower parts of the body and the attorney should know exactly how this affects your long term outlook. By having this keen knowledge, the attorney should be able to convey this in negotiations with the insurance adjuster or opposing counsel and in effect will raise the amount you receive for recovery.
The Miracle Mile Difference
One of the most common questions asked by our potential clients revolves around what makes us better suited to handle Slip and Fall cases over other law firms. The answer is quite simple – we aggressively pursue Slip and Fall cases because we know of all the potential arguments that insurance carriers will make to fight the claim. We are keenly aware of the common types of injuries that are associated with Slip and Fall accidents and help you get the right treatment you need to get better.
Call the lawyers at Miracle Mile Law Group at (888) 244-0706 or fill out the form for a free consultation of your case.