How can Fernandez Law Group help a plaintiff prove Liability in a slip, trip or fall injury?
Proving the liability of a defendant requires demonstrating that a defendant was negligent, and that their negligence played a part in causing the injuries sustained during the incident. Any plaintiff looking to settle or go to trial will need a strong personal injury attorney in order to prove these types of claims as these cases are very complex and the evidence isn't always easy to obtain.
Fernandez Law Group has a successful track record of protecting clients who have become injured due to a slip, trip and fall and we have a history of recovering compensation for our clients. We will immediately confirm how your injury occurred. As falls happen very quickly, many people will often have a difficult time recounting how they went from freely moving up or down stairs or across a premisis only to find themselves down and injured.
While many people may think a simple slip and fall will get them an easy settlement, that statement simply isn't accurate. We only handle serious, legitimate cases so we can focus our skills and expertise helping those who have truly suffered due to the negligence of another. Insurance companies representing the defendant will be working tirelessly to try and avoid accepting liability, denying claims and fighting to prevent compensation for damages.
For example, if somebody fell down a set of stairs, that statement alone does not even begin to dig into all of the particulars of the case. And those particulars are what the defense and their insurer's attorneys are going to try and pick apart, piece by piece. Questions will come up regarding how the fall occurred, such as which foot missed the step, which step was missed, and what type of footwear were involved. But it won't end there. Was the plaintiff using the handrail? Were they carrying anything in their hands, or texting or talking on the phone? Did the plaintiff trip over something, or slip on a substance? As the victim was falling, what do they remember seeing or what direction were they looking in?
And that's still only just a small part of the case, which specifically deals only with the physics of how the person fell. The next step is for the attorney to figure out how to hold a defendant legally responsible for the fall. And with several possibilities for how a fall can occur, this also can be quite difficult to prove.
Was a step missed? Did something on the stairs cause the slip or trip? Or did the victim's coat, dress, belt or something else cause the trip? Or perhaps they were reaching for something and lost their balance. Or was it due to the height of each step (the riser) being varied, which would cause someone to become destabilized? Did a handrail fail due to a design flaw or maintenance oversight? Was lighting inadequate?
Some of those possibilities could be used to prove liability of the defendant, and some of them would not be grounds to hold a defendant liable. The owner of a premisis should not be held liable in situations where a victim tripped over their own clothing. But we would certainly make sure they were held accountable and liable in situations where a poorly constructed or maintained staircase was a direct factor in the injury occurring.
The defense attorney, the insurer, and the jury are all going to want to know the facts before any consideration is given to award any type of settlement. That reason alone should motivate any plaintiff in these types of cases to hire an experienced injury attorney. We take our role extremely seriously and work hard to help our clients benefit greatly from our representation. We will examine the scene, discuss all of the possibilities and more with anyone we agree to represent, and help our clients figure out exactly what their options are and what they may be entitled to. All applicable state, federal and local laws will be reviewed to determine what laws, if any, the premisis violated based on the conditions and we also retain expert witnesses whenever necessary to further demonstrate the negligence of a defendant.
When it comes to proving damages, it requires a bit more than just stating that a leg was broken which resulted in a plaintiff being out of work for three months. Our attorneys work with our clients to properly document lost income, based on employer's pay records, tax forms, and their own personal tax return information. In addition, our team of attorneys and associates will obtain and organize all pertinent medical records and billing related to the incident and injury.
Having an attorney handle the records collection process helps ensure they are obtained in a more timely manner and that every possible source of information that may benefit the outcome of the case is collected and considered.
Even when all the records are collected, at times it may still be necessary for us to have the doctors or practitioners involved in the recovery and care of the plaintiff to write a medical report or letter which can specifically address whether or not the accident directly caused the conditions being suffered, as well as the necessary treatments needed for recovery and additional documentation supporting any need for periods of time off of work.