Tripping, falling or slipping at a grocery store or in a parking lot is very common. More than one million Americans suffer a slip, trip, and fall injury each year, according to the Centers for Disease Control and Prevention (CDC).
After tripping, falling, or slipping, many people automatically question whether or not they should file a lawsuit. In some cases, you realize you probably needed to be watching your step. But in other situations, something caused you to fall that was out of your control.
Here are some things to keep in mind after a fall, slip, or trip to determine whether or not you should file a lawsuit to get help with your medical expenses.
Why are you suing?
There are many reasons that people tend to file a lawsuit. Did someone fail to do their job, and it resulted in your injury? Were you significantly injured? Will the injury decrease your quality of life? Could your injury occur again to someone else?
Assessing the situation and determining your main reason behind suing will help you gain a better idea of whether or not it is worth it to go through the lawsuit process.
Was a warning given before the accident?
Property owners, specifically businesses, are aware of the possible liabilities relative to their office or parking lot. Many companies take precautions by using signs such as “caution wet floor” and making sure that the area is free from hazards.
Before filing a lawsuit with any property owner, ensure that there were no prior precautions taken to give you a warning. Signage and other forms of notice protect the property owner and can lead to a lost lawsuit.
Can you prove your loss?
When dealing with a lawsuit, there must be valid evidence for your case to gain the best possible outcome. Do you have proof that the situation negatively impacted you? Is the loss significant enough that it is going to matter to you in a couple of months?
Think about how much you were truly impacted. Did you break your leg and have surgery, or did you get a few scratches? By doing this, you will know if you can indeed prove your loss.
Do you have the funds to support you?
While assessing the physical damage of the incident, it is also essential to determine the financial burden associated with a lawsuit. Although you may gain compensation if you win, there are still a lot of expenses that you will have to pay.
If the compensation amount is small, it may not make sense to file a lawsuit.
At Kelly & West, we help with many areas, including personal injury. Check out our website to learn more.
We hope these questions and answers gave you a better idea of what you should be thinking about when deciding whether or not you should file a lawsuit after a slip, trip, or fall. Remember, it is crucial to fully assess the situation and give it some time before filing a lawsuit.
Contact us today if you have more questions about filing a lawsuit after a slip, trip, or fall!
When Reggie Kelly and Thomas West opened their Lillington law practice 38 years ago, neither guessed they’d be in business so long. Our team is proud and thrilled to be celebrating 37 years in business this month!
We love helping people get through tricky situations, and we’re flattered to have been in business this long. It means we’re doing something right. This year we’ve seen some growth in our staff.
Thank you to our incredible friends for your support and business through the years. We look forward to many more to come!