Slip and Fall Accidents: 3 Facts You Should Know About Filing a Personal Injury Claim

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.

Two Ways to Substantiate Your Slip and Fall Lawsuit

If you’ve been injured as a result of a slip and fall at Jack in The Box, you may think that it will be relatively easy for you to receive compensation for your pain and suffering. However, it might not be as simple as that, since the defendant in your case could deny responsibility and place the fault squarely on your own shoulders. Instead of being left footing your own medical bills after your slip and fall, use this information to learn more about what you can do to substantiate your claim.

Establish Yourself As The Victim

One of the best ways for you to substantiate your slip and fall claim is to establish yourself as the victim. This doesn’t mean that you go before a judge in tears, or that you seek sympathy from jurors by bringing in a stack of medical bills. It is important to see a doctor right away after an accident. What you want to do is present those tidbits of information which show that your fall had absolutely nothing to do with something that you may have been doing wrong.

For example, many people talk or text on their cell phones while they are walking, causing them to become distracted and leading to a slip and fall. In addition, some people do not wear proper shoes during inclement weather, making it quite easy for them to fall over a patch of snow or ice. You want the court to know that you are a responsible individual who was not on your cell phone, and if you happened to have on weather appropriate shoes, make sure this is known.

You want to put information of this nature in your original complaint so that you can hopefully have your claim approved without unnecessary delay.

Hire An Attorney Right Away

Another way for you to add validity to your slip and fall claim is to hire a Jack in The Box injury attorney as soon as possible. An experienced personal injury lawyer will know how to gather the evidence so that you can build a solid case that is approved.

Your attorney may elect to bring in expert witnesses, who can examine the area where you fell to determine if the spot was inadequately maintained, leading to your fall. Lawyers also work with investigations teams, who can acquire the permits they need to gather surveillance video that will prove that your fall was not your fault.

You have what it takes to come out on top after you’ve experienced a slip and fall. If you’ve fallen because of the negligence of another party, use these tips so that you can have a successful slip and fall case.