If you recently suffered a serious injury as the result of a slip and fall accident at Wendy’s, you could be entitled to compensation for your injuries. In these cases, filing a personal injury lawsuit will often be the most effective way to ensure you get all of the compensation that you are entitled to. However, before you decide to rush down to the courthouse to file your claim, there are a few facts that you should know.
Fact #1: Your Assumption of Risk Must Be Considered Reasonable
People take risks everyday when they choose to drive a car, cross the street, or even eat at their favorite restaurant. However, these risks are considered reasonable because steps are taken to help ensure safety. For instance, you would wear a seat belt while driving or look both ways before crossing the street. Therefore, these common actions are considered a reasonable assumption of risk. This same reasonable assumption must be present in your slip-and-fall case in order to successfully collect compensation for your injuries.
Fact #2: There Must Be a Reasonable Expectation of Care
All people have a legal duty to protect each other from harm. This is why property owners can be sued if an individual slips and falls on their property as a result of negligence or poor maintenance. However, in order for this personal injury lawsuit to have merit, the victim in the case will first need to prove that there was a reasonable expectation of care. This means that it was reasonable for them to assume the property would be safe.
Imagine for a moment that you slipped and fell outside of a local grocery store. You arrived at the store during normal business hours and did not see any obvious dangers in the parking lot. So you exit your vehicle and begin making your way to the front door when you slip on a sheet of black ice. In this scenario, it is reasonable for you to assume that the store would have removed all ice from the parking lot so that customers could safely enter the store. However, if you arrived at that same store after business hours, you would not have the same reasonable expectation of care because customers are not supposed to be present at this time.
Fact #3: Personal Injury Lawyers Will Often Pursue Your Case without Upfront Payment
Pursuing a slip-and-fall case can be a complex and time consuming process. Therefore, it is always best to pursue this type of case with the benefit of an experienced Wendy’s injury attorney
If you are worried about your ability to pay for the services of a lawyer, you should know that many injury lawyers actually work on a contingency basis rather than requiring upfront payment. These lawyers may also offer you the ability to take advantage of a free consultation so that you can determine what the next step in your case should be.