Whether it is a sidewalk leading up to a business that has not been cleared of ice or a loose handrail inside an office building, if a hazard on someone else’s property causes a visitor injury, they have the right to seek compensation. Slip and fall cases can be tough to prove, which is why you need an experienced injury lawyer on your side.
When filing a claim against a property owner, the insurance company will look for ways to demonstrate the accident did not occur as described or they will attempt to the blame the victim for the accident.
Oshawa slip and fall lawyers have a thorough understanding of the laws and tactics the insurance companies use to deny or reduce the value of slip and fall accident claims. This knowledge keeps them steps ahead in their fight to present a strong case to the insurance company and obtain maximum compensation for their clients.
Our slip and fall accident lawyers can meet with you in Oshawa for a free initial consultation. Call (416) 364-2000
Following an Accident
After an accident, someone should determine what caused them to slip and fall. Without this information, it is extremely tough to prove the property owner created or knew of the dangerous condition that lead to their accident and injuries.
They should notify the property owner of their fall promptly. When that person, a loved one, witness, or paramedic notify the property owner of their accident, it puts several wheels in motion. Most importantly, it creates a record of the event (i.e., date, time, place, and cause) and provides proof of what they describe as being the cause of the accident.
They should take photographs or document the scene as soon as possible. If they sustained serious injuries in their fall and are unable to take photographs of the hazard before leaving the scene, they can ask a family member, friend, or eyewitness to take several phone. They need to instruct them to take as many clear pictures as they can from as many angles as possible. These photographs offer critical visual evidence for their case.
Oshawa Slip and Fall Accidents Lawyer Near Me (416) 364-2000
A person should get medical attention and be clear about their accident injuries soon after an accident. Bruises and broken bones are common injuries in slip and fall accidents. Their injuries might not cause any pain at first, but over time they will worsen. Therefore, it is in their best interest to see a doctor as soon as possible. Then, once they receive a treatment plan from their doctor, they need to follow it exactly. Otherwise, the insurance company might interpret their non-compliance as a sign that their injuries are not as severe as they claim.
They should meet with an experienced slip and fall accident lawyer in Oshawa. Soon, the property owner’s insurance company will reach out to them for information about the accident and their injuries. The adjuster will ask them for a recorded statement and send them some forms to sign. It is advised for someone to meet with an experienced Oshawa slip and fall attorney before they agree to take either of these actions as they may say something damaging or sign a form that relinquishes their right to seek full compensation for their injuries and losses.
Proving an Accident
Ontario’s Occupiers’ Liability Act holds the occupier/owner or party responsible for the upkeep of property liable for any injuries that come to visitors due to negligent upkeep. Some examples of negligence include:
- Cracked walkways
- Unkempt trees with branches at risk of falling
- Areas that are known to ice over during winter
- Broken staircases or ladders
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After someone’s injury, the individual or their Oshawa slip and fall attorneys need evidence to prove the following:
- They were on the premises
- There was a hazard on the premises
- They were not acted in an unusual manner
- The hazard existed for a long enough period that it was reasonable for the liable party to identify the hazard and remedy it or prevent access to the area
- They suffered damages as a direct result of the hazard
The evidence in a slip and fall case comes from several sources:
- The victim’s evidence
- Surveillance video of the area
- Photographs of the accident scene
- Eyewitness accounts of the accident
- Medical records of the injuries
- Maintenance records for the property
Determining the Value of a Claim
Your slip and fall claim settlement should cover the following types of damages:
- Pain and suffering
- Medical expenses
- Lost wages
- Lost earning potential
Insurance companies try to get you to settle for a nominal amount for your pain and suffering. They try to ignore future medical costs and wage losses or any other future damages. Often, experienced Oshawa slip and fall lawyers will work with medical and vocational experts to demonstrate how your injuries will affect your health and quality of life in the long-term and what kind of impairment you will expect if you can return to work while they fight for your compensation.