You have suffered serious injuries in a fall while on someone else’s property and now you are wondering if the property owner is liable for your damages. This situation happens to Ottowans every year, but the answer to their question is not always clear.
Every slip and fall case is unique, and the laws are complex. The best way to learn your options for financial recovery is to meet with an experienced Ottawa slip and fall lawyer as soon as possible. A skilled personal injury lawyer can help you file a claim against the party at-fault for your injuries and fight for maximum compensation.
Our slip and fall accident lawyers can meet with you in Ottawa for a free initial consultation. Call (416) 364-2000
Slip and Fall Accidents
Under the Occupiers’ Liability Act, any person who possesses or has a legal responsibility to maintain a property owes others a duty of care to keep the property reasonably safe. This law applies to any land, structure, or body of water under another’s control.
Under the law, a property occupier (owner or occupier) must keep the property clear of known dangers that would harm visitors. For someone’s slip and fall claim to be valid, a slip and fall attorney in Ottawa must prove the following:
• Their client was on the premises
• They were acting in a reasonable and safe manner
• The danger was present for a long enough time for the occupier to remedy the problem
• They suffered damages due to the hazard
Insurance companies typically use the following defenses to avoid paying slip and fall claims:
• The person was acting reckless and caused the danger themselves
• They were trespassing
• The danger developed immediately before the accident, and the occupier had no time to secure the area
• They assumed the risk of injury from the danger when they willingly entered the property
When these defenses come into play, they gather evidence such as security camera footage, maintenance records, and eyewitness statements to disprove any of these accusations.
Ottawa Slip and Fall Accidents Lawyer Near Me (416) 364-2000
Concerns Following an Accident
There are a few important steps to take following an accident to be aware of.
Even if someone does not feel pain at the time of the accident, it is possible for certain injuries to manifest themselves in the days to follow. Therefore, they should consider scheduling a medical evaluation as soon as possible. Then, it is critical to follow the doctor’s orders. Failure to do so might result in the insurance company denying their claim on the basis that their injuries are not serious enough for them to continue treatment.
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The insurance company will task an adjuster with conducting a thorough investigation of someone’s claim. Part of this work may involve getting them to agree to a recorded statement about the accident. Someone should be wary of this request as their words may be used to discredit their claim and deny benefits.
To protect their right to a fair and full settlement for their damages and losses, they should not discuss their claim with anyone until they have spoken with an experienced slip and fall lawyer in Ottawa.
Someone’s slip and fall claim can be worth a substantial amount. Along with their medical bills, they might be entitled to lost wage reimbursement if the accident prevents them from returning to work while they recover. They might also be entitled to compensation for the pain and suffering they endured due to the property occupiers’ negligence.
To calculate the value of someone’s claim, lawyers look at how the accident impacts their client now and how it is expected to impact them in the future. These calculations might require consulting with medical and vocational experts to determine their future health care needs and whether their ability to work will be affected.
Ottawa slip and fall attorneys will not settle the claim until they believe the settlement offer compensates for all of their current and future damages.
Contacting a Lawyer
Insurance companies are not in business to pay every claim that crosses their desks, even when the evidence clearly supports it. Insurance adjusters are trained to leverage an accident victim’s vulnerable state, often getting them to make damaging statements about the accident to reduce the value of the claim. Additionally, it is not uncommon to receive an offer for a quick settlement in an amount much lower than the true worth of your claim.
Ottawa slip and fall lawyers do not stand for unfair treatment of their clients by the insurance company. They urge you to always review any forms or settlement offers you are asked to sign with a lawyer. They can help you determine the impact your injuries will have on you for the rest of your life and make sure you receive fair compensation.