Everyone trips and falls at some point, but some people suffer serious injuries in falls that are more than just an accident. When a business or property owner fails to take proper precautions and this leads to a trip and fall, the victim may be eligible to file for compensation for their injuries.
But proving a property owner is liable for the accident is anything but easy. A trip and fall lawyer in Surrey from Preszler Law can help.
There are a few conditions you must meet in order to file for damages after a trip and fall incident in Surrey. You must prove a dangerous condition existed and that the owner or manager knew or should have known of it. You must also prove that the dangerous condition caused you to trip and fall. Finally, you need to prove that you suffered injuries.
But even if you have enough evidence to prove all of the elements of your case, the insurance company rarely agrees to pay a fair amount in damages. In many cases, they wrongly deny claims or offer lowball settlements. Insurers may also argue that you were contributorily negligent, meaning you played a role in causing your accident. After all, it is in their interests to reduce the amount they have to pay to claimants.
If the insurance company refuses to play fairly, then you may have to take the case to court to recover a fair amount for your injuries and damages. This starts a new process and presents new requirements to pursue compensation for your expenses and losses. Luckily, however, most cases settle out of court.
If you suffered injuries in a Surrey trip and fall, contact a trip and fall lawyer before you discuss your injuries with the business owner, property owner, or insurance adjuster. While you should report your injury to the property owner or manager, little good can come from giving a full statement without first getting proper legal advice.
When we help clients with trip and fall cases, we first gather as much information about the accident as we can. This means getting surveillance footage, talking to witnesses, reviewing medical records, and even securing help from expert witnesses who can help us better understand the accident and injuries, and provide testimony to help prove the case.
Having a lawyer help you with your case is also a good defense against unfair practices, such as:
These practices are more common than you might think. It can take a lawyer’s perseverance, legal argument, and good case building to overcome them.
If a business owner or other property occupier fails in their duty to provide you with a reasonably safe environment to shop, eat or simply visit, and this failure leads to a trip and fall injury, you can file a claim for a full range of damages. The value of your claim, however, depends heavily on the type and severity of your injuries, your prognosis, and how these injuries affect your life. Common types of damages include:
Before you can collect compensation, you need to establish the value of your claim. This too requires ample evidence of your losses, expenses, and non-economic damages. From gathering medical bills, to compiling evidence of lost wages, to working with experts like physicians and vocational specialists, our trip and fall lawyers must thoroughly build these cases to prove the value of damages.
In general, you have two years from the date your injuries occur to file a claim for compensation. However, if you tripped and fell on municipal property — usually a sidewalk, street or in a government building — there are other requirements you must meet before you can file a claim for damages. While you still have two years to take legal action, you must give the municipality written notice of your injuries and your intent to file within 60 days of the fall. If you miss any deadline, it may bar you from proceeding with your claim.
Preszler Law offers trip and fall victims a free, no-obligation consultation to evaluate the merits of their case. We can help you explore your options for compensation, collect the necessary evidence, and negotiate your settlement. We accept all of our clients on a contingency fee basis, meaning you pay no fees until we recover compensation for you. Call us today at 1-844-373-8202 to learn more.