If you have suffered injuries as the result of a slip fall accident you may be entitled to receive personal injury compensation. Owners and tenants of homes, businesses, government agencies and those exercising responsibility over practically every other place where people frequent are obliged to keep their premises safe for the public. This duty requires the occupier to ensure that the premises and the activities taking place on the premises do not pose a risk of harm to people frequenting these places.
The duty protects victims of slip and fall accidents from: Injuries resulting from injuries occurring at private, public and commercial establishments.
If you have been injured by the actions or inaction of another, you may be entitled to slip and fall injury compensation from the responsible party. This injury compensation is normally paid by the responsible person’s insurer. In Ontario, slip and fall injury victims who suffer serious and permanent injuries can recover damages compensating them for all of their losses, including their pain and suffering, their past and future lost income, their extraordinary future health care and home maintenance costs, and their out of pocket expenses.
Time limits govern when you must notify the responsible parties that you intend to bring a slip and fall accident injury claim and they govern when you must start your claim for compensation. These time limits can restrict your rights to recover your losses. Not everyone is entitled to claim compensation from the person who caused the slip and fall accident. Each claim is different. Assessing the value of your slip and fall accident claim and determining responsibility requires analysis by an experienced slip and fall accident lawyer.
Making a successful slip and fall injury compensation claim requires proof that another party or person was negligent and responsible for the injury. This proof often requires expert analysis.
Trip or slip and fall accidents are common all year round but more common come icy weather. When someone is injured due to a fall on a parking lot or sidewalk they may be eligible for compensation for their injuries. The person or entity responsible for care and maintenance may be made liable if they are found to be negligent in carrying out their expected duty of care.
Reporting the slip and fall accident to the property owner, taking notes of details surrounding your accident, recording contact information of witnesses to the incident and taking photos of the location of the slip and fall accident can help prove fault and assist you in recovering full compensation for your slip and fall injuries.
- Take care of first aid or getting help for the injured person
- Keep written records of all medical care in the emergency department and all follow-ups with doctors and other health care providers. Include dates and times, doctor’s name and contact information in all cases.
- Keep written notes, including date and times, of your ongoing symptoms such as pain, numbness, lack of movement etc.
- Pictures can help prove negligence. After getting first aid or calling for help for the injured person, photos can be very helpful in proving who is to blame for the accident. Most people have a cell phone handy. If possible get someone to take photos: Of the injured person after the accident. Of the exact accident location and any close by permanent landmarks such as signs, buildings, sidewalks, intersections.
- Showing any vehicles or semi-permanent conditions and state of the accident site regarding weather conditions, and quality of maintenance.
Negligent Slip & Fall Conditions May Include:
- Wet or Slippery floors
- Abrupt changes in flooring height
- Inadequate lighting
- Poorly built or maintained walkways and stairways
- Obstructing materials or debris on floor
- Faulty or missing handrails
- Ladders and scaffolds
- Inadequate supervision and maintenance procedures
Talk to your lawyer as soon as possible
Its important to complete a report of what took place as soon as possible after the slip and fall accident. Talk to a qualified lawyer before repeating your story or collaborating with others. The actual events may be remembered or re-called differently over time and repeated telling. Some details may be forgotten or distorted. It is best to get your original impressions in writing as soon as possible.
Be careful what you say to friends on Facebook
Be cautious about posting anything on Facebook or other social media about the slip and fall accident. Your innocent comments may be misconstrued and used against you in court.
Same with any innocent comments made to friends and acquaintances. Be careful what you say and to whom. That includes speaking to the insurance company.
Dealing with the insurance company
Be clear on your description of the slip and fall accident. When you tell your side of the story to the insurance company personnel they may appear to be writing down your exact words as you speak. If you are asked for your signature on their copy of what you supposedly said, you may be very surprised that their version of the accident is nothing like you described. The representative from the insurance company may seem concerned and friendly when you first meet him or her, but remember, insurance companies are in business to make money. The less they spend on claim payouts, the more they get to keep. When dealing with the insurance company, do not sign anything you have not read, do not clearly understand or do not agree with.
Insurance contracts and forms can be difficult to understand. Accident reports may have errors if transcribed by someone other than you. Anything you sign should be checked carefully. Have your lawyer look at anything the insurance company wants you to sign.
Even if your innocence is obvious
It may be clear to you and to everyone else that your slip and fall injuries were caused through no fault of your own and that someone else is to blame. Do not assume however that your opinion of your innocence will guarantee rightful compensation. Damages are not freely awarded. Fault must be proven in order to be eligible. If you have been injured and intend to make a slip and fall claim, you must make your intention known within a certain time frame. Time limits vary. The more supporting information you have available the better chances of winning your claim.
Supporting slip and fall evidence is important. Kahler Personal Injury Lawyers are skilled and capable of meeting large insurance companies head on. Most of our cases are won out of court. We thoroughly prepare each detail of your slip and fall injury case and should trial be necessary, we are recognized as powerful and persuasive adversaries in court.
The Kahler Personal Injury Law Firm has offices in Toronto, Barrie and North Bay and represents injury victims throughout the province of Ontario with 24 Hour Service.