If you have injured yourself after a fall, then you may be eligible for compensation. Personal injury claims can be very confusing, especially for people who aren’t familiar with the law. If you don’t approach your claim properly, then you could jeopardise your chances of receiving compensation. In this article, you will find a how-to guide for recovering monetary damages from a slip and fall accident.
Before continuing, it’s important to say: You mustn’t under any circumstances exaggerate your injuries to increase the amount of compensation you receive. If you do this and you’re caught, you could be prosecuted for fraud.
Naming the Culprit
The first stage in making a personal injury claim is identifying who was at fault. If you have slipped and fallen, that doesn’t necessarily mean that you’re entitled to compensation. The only reason that you would receive compensation is if your fall was caused by somebody else’s negligence. For example, if there’s a loose step at a government-owned building and it causes you to fall, you could sue the government. If you’re intoxicated and trip over your own shoelaces, then you wouldn’t be eligible for compensation, however.
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Before you can make your claim, you need to establish who’s responsible.
Acquiring Evidence
When you have established who’s at fault, you can begin building your case and acquiring evidence. If you have slipped and fallen then it might be difficult for you to gather evidence on the scene, although if you’re with a friend you could ask them to take a quick video. Once you’ve been discharged from hospital [if you go] you can go back to the scene of the accident and photograph the cause of your fall [a loose step, for example]. If the evidence has been cleared away, then you might want to approach local shop owners and ask them if they caught the accident on CCTV. You can also use witnesses as evidence.
Medical Help
If you’ve been injured because of a fall, before you do anything else that we’ve suggested, you should see a doctor. Slips and falls can be very traumatic, emotionally and physically. It’s crucial that you get your injuries checked out by a physician before you begin making claims. Make sure that you get a written medical note from the doctor who sees you, detailing your injuries. This is especially important if you go to ER because ER ward’s often delete their records at the end of each day.
Statute of Limitations
If you aren’t going to make a claim immediately, then you need to make sure you research your state’s statute of limitations. If you exceed the statute of limitations, then you will not be able to make a claim in the future. The statute of limitations for personal injuries in the United States is usually two years. You have up until the end of the statute of limitations to make your claim. If you’re having trouble finding out what your state’s statute of limitations is, then you should contact a local attorney or legal professional.
Seek Legal Aid
Once you’ve established fault, acquired evidence, and seen a doctor, you can contact an attorney. You need to make sure that you find an attorney who’s qualified and experienced. The legal professionals from Lexington Personal Injury Lawyers say that you shouldn’t trust your future with just ‘any’ legal team. You can find experienced attorneys in online directories, by browsing reviews, and from referrals. If you’re on a restricted budget and can’t afford an attorney, then you might be able to hire one on a no win and no fee basis. What this essentially means is, you only pay your attorney if you win your case. Because of this, they may be reluctant to take cases that don’t have a strong chance of winning.
Recovery
While your attorney handles the complex areas of your claim, you need to focus on your recovery. If your case goes to court, you will need all of the energy that you have. If you’ve been seriously injured, then you can probably take time off of work and may even be eligible for disability benefits. As we mentioned previously, don’t exaggerate your injuries. If you do, then you could get into a lot of trouble. During your recovery, be sure to engage with healthcare professionals. Engagement with healthcare professionals can actually benefit your case because the court will see that you’re undergoing treatment and aren’t exaggerating.
Settlement Offers
It’s very likely that the company or insurance agency will make you a settlement offer before the case goes to court. It’s usually advisable to turn down the first offer, although if it’s sizable then you might want to accept. Your attorney will be able to tell you about all of this at the time, however. Make sure that you follow your attorney’s advice when it comes to compensation offers. If they believe that they can get you more, then you should trust their judgement and allow them to push for more.
Agreement
If the company or insurance company makes an offer that you’re happy with, you can agree to it with your attorney. Your attorney will then send over a letter or email saying that you agree to the amount offered. You may have to attend their offices and sign a document in front of the guilty company or person’s lawyers. You may also be able to sign this document in your lawyer’s office. This document will be you signing away your right to make a compensation claim for the same injury again in the future.
Spending Wisely
Once you’ve received your compensation, you will be free to spend it on whatever you want. Make sure that you spend it wisely and use it to facilitate your recovery. If you aren’t clever with it, then you will end up frittering it away and it won’t have done you any good. Spend it on life’s necessities, not luxury goods.
If you have fallen over and injured yourself and you believe that it was somebody else’s fault, it’s time to make a compensation claim. If you follow the steps outlined in this article, then you shouldn’t have any difficulty getting the money that you deserve.
