Slip and Fall Compensation Australia

Suffering injury because of a slip and fall can be extremely stressful, only heightened when it results from another person’s negligence. Not only can it drain you both physically, emotionally and financially, it may also result in a prolonged period of hospitalization or absence from employment. Discussing your case with the slip and fall injury […]

Suffering injury because of a slip and fall can be extremely stressful, only heightened when it results from another person’s negligence. Not only can it drain you both physically, emotionally and financially, it may also result in a prolonged period of hospitalization or absence from employment.

Discussing your case with the slip and fall injury lawyer, regardless of whether it happens in a private or public facility, will allow an expert to pursue a claim for slip and fall compensation on your behalf.

The expertise of an experienced slip and fall injury lawyer will be vital to ensure that you receive adequate representation. Some other benefits of working with a slip and fall lawyer include.

#1 They have the knowledge, experience and resources.

The primary reason you should employ the services of a slip and fall lawyer is that they have a vast knowledge of similar cases. Having a proven track record of gaining positive outcomes which can be vital to the overall success of any compensation claim. Experienced lawyers are better positioned to negotiate on their clients’ behalf, especially when dealing with insurance companies. They can guide you through the entire process from filing your initial claim to receiving your overall judgment.

#2 Proven to get higher levels of slip and fall compensation

Liable and injured parties will usually drastically underestimate the cost of your claim. However, working with an experienced slip and fall injury lawyer will ensure that your settlement is calculated accordingly.

Lawyers will have the knowledge it takes to estimate exactly what your settlement should amount to. Factoring into account a series of different things including loss of income from employment, medical records, and ongoing medical needs.

#3 Liable parties will take seriously you

Whether you are representing yourself in court or in proceedings with an insurance company,  a knowledge of the nuances of the legal process is vital. Especially considering the complicated factors that come into play in court proceedings.

A team of slip will represent the liable insurance company, lawyers whose job it is to minimize their client’s exposure. If they see you representing yourself, they will just know you’re a soft target. It would be impossible for you to have the same knowledge as a team of experienced litigators nevermind competing with their resources.

#4 Focus on your recovery

Hiring an experienced lawyer would allow them to handle all parts of your legal representation. You will not have to worry about any of the stress involved, such as handling paperwork, negotiating compensation, and dealing with court proceedings.

Most top slip and fall law agencies will work on a contingency basis, which means you will not have to worry about fronting any costs up front.

The two primary considerations in any slip and fall case are negligence and liability. Both of which will have to be determined before you receive any compensation.

Negligence and slip and fall compensation

In order for negligence to be shown, one party will have to have disregarded the safety of others by a failure to act reasonably. For example, if they created a dangerous situation such as an uneven surface, a leaking roof or a pothole.

The key to negligence would be whether we can assess it that any reasonable individual would have considered the conditions in play to be hazardous or dangerous. You will also need to prove that the liable party had a reasonable opportunity to mitigate against the conditions involved that had resulted in the injury.

To successfully negotiate slip and fall claim your lawyer will have to prove that the liable party had a reasonable understanding that the situation they had created could cause injury.

Liability in slip and fall claims

To prove liability, the party concerned needs to be legally responsible for any occurrences that take place on the property.

In the vast majority of cases, the business owner or property owner is liable for any industry that takes place on their premises unless they can prove circumstances that relieve them of this liability.

For example, they may have liability insurance, which means the case will be first put before the insurance company.

Questions to ask when choosing a slip and fall lawyer

Every accident attorney is going to claim to be the best personal injury lawyer in your area, Here are some questions you can ask to help differentiate the good from the bad

  • Can you give me the details of any cases you’ve handled that are like mine?
  • What level of compensation should I expect if you successfully litigate my case?
  • Will you be working directly on my case and who else will be involved?
  • Do you take cases to try on or do you like to set the left side of the court?
  • Is there a statute of limitations on my type of injury?
  • How long have you been working as a slip and fall lawyer?
  • What rule will they will expect me to play in the case?
  • How long do typical slip and fall cases take?

Factors that can affect your case

The presence of sufficient warnings

A key factor in any slip and fall accident will be whether the liable party had attempted to warn the public of the conditions that may lead to potential accidents.

For example, one posting will largely seen as insufficient. The court will determined whether the liable party has adequately satisfied their duty to warn members of the public of potential dangers.

Were you exercising sufficient care?

A slip and fall is not always an automatic route to compensation. Even if the liable party is deemed not to have taken sufficient precautions, the court may find you negligent because of a lack of attention.

Many slip and fall cases these days are being denied due to CCTV footage much have shown people walking with their head down observing only their mobile phones.

The clothes and footwear you were wearing

As we mentioned previously, you will deal with expert litigators whose job it is to represent either the liable party or the insurance company. They will look at everything, even the clothes and shoes that you were wearing.

If it’s determined that the clothing you were wearing was insufficient for you to safely negotiate reasonable conditions you may be determined partially negligent for your fall and it can affect slip and fall case payouts.

If you or a family member have recently suffered a slip and fall accident, expert always recommend that you contact an experienced lawyer today to discuss your case