In many cases, falls are nothing more than unfortunate accidents. In other cases, however, another person’s action or inaction plays a role in the incident. For example, when there is standing water on the floor of the grocery store you shop at causing you to slip, fall, and suffer physical harm.
If it can be proven a property owner or manager knew of a hazard on the premises but failed to resolve the issue in a reasonable amount of time, they can be held responsible for the damages a visitor suffers as a result.
A Hamilton slip and fall lawyer can review the details of your accident to determine if you have a case worth pursuing. Contact an injury lawyer to begin building a case to help recover any potential compensation.
Our slip and fall accident lawyers can meet with you in Hamilton for a free initial consultation. Call 1-877-573-3563
Filing a Claim
An Ontario law known as the Occupiers’ Liability Act allows you to file a claim against the property owner or occupier responsible for causing your injuries and other fall-related losses. Under this law, property owners/occupiers must maintain their homes, shops, and other facilities in a way that minimizes the risk of injury to guests or other permitted visitors. If they fail to uphold this duty, they are subject to insurance claims or lawsuits.
To recover compensation for your injuries, you will need to provide evidence of fault, which includes proof your fall occurred because the property owner failed to warn visitors of hazards, maintain a safe property or perform needed repair.
Because of this, it is wise for victims to seek out a Hamilton slip and fall lawyer. An experienced lawyer who knows how to navigate the claims process and understands Ontario case law can play a major role in maximizing your settlement award.
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Valuing the Claim
The value of your slip and fall claim hinges on several factors including the cause of your accident, the severity of your injuries, the medical treatment you require, your long-term prognosis, your ability to return to work, and the impact the accident has on your quality of life.
To best understand how claims are valued, you should speak with a Hamilton slip and fall lawyer. When you become a client, your lawyer can arrive at an accurate estimate of your claim’s worth after reviewing:
- The details surrounding your accident
- Relevant medical records
- Evidence relating to the medical, and vocational experts
- Related case law
With proper evidence and witness testimony, you may stand to recover maximum compensation for the following losses:
- Medical expenses
- Lost wages
- Pain and suffering
Following a Treatment Plan
Once a doctor stabilizes the injuries you sustained in your slip and fall accident, you will likely begin a treatment plan. Your treatment plan may include seeing a specialist, participating in rehabilitation, and taking prescription drugs to manage your injuries.
To avoid having the insurance company deny your claim for lack of treatment, be sure to follow all of your doctor’s orders during the processing of your claim.
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Reviewing Insurance Documents
Many people opt not to consult with a slip and fall lawyer in Hamilton before speaking to the insurance company. If you choose to go this route, be aware that giving the insurance company a recorded statement or signed authorizations and directions can be detrimental.
It is also important to never sign a settlement agreement from the insurance company without talking to a lawyer. Once you sign an agreement, you cannot pursue additional compensation even if you suffer additional losses.
Seeking Legal Representation
Ontario law provides the right, within the limitation period, to file an insurance claim or lawsuit if another person’s negligent actions caused your injuries. The sooner you take action, the better it will be for your case.
Not only will you have an experienced Hamilton slip and fall lawyer on your side protecting your best interests, but you will be safeguarding critical evidence needed to support your claim.