In accordance with the Ontario Occupier’s Liability Act, property owners in Windsor have a legal obligation to ensure their property is safe. Therefore, property owners must actively take steps to remove or repair hazards and dangerous conditions on their premises, so as to avoid accidents that may result in injuries.
Trips and fall accidents causing injury can occur anywhere, including:
- Retail stores
- Other workplaces
- Private property
- And more
In winter, inclement weather like ice and snow can increase the risk of trips and falls in parking lots and outside buildings. If property owners fail to properly maintain their premises, unsuspecting customers, employees, or other rightful visitors could be accidentally injured in a trip and fall.
If you suffered injuries as the result of a trip and fall accident on someone else’s property, a Windsor trip and fall lawyer may be able to help you recover damages by filing a personal injury claim.
Our trip and fall injury lawyers can meet with you in Windsor for a free initial consultation. Call (416) 364-2000
Common Injuries from Trip and Fall Accidents
Trips and fall accidents in Windsor can occur because of a property owner’s negligence. Irresponsible behaviours, like failing to clear walkways of hazards or debris, can cause unsuspecting victims to sustain the following injuries:
- Broken or fractured tailbone
- Torn muscles, ligaments, and tendons
- Muscle contusions
- Dislocated joints
- And possibly more
Some injuries may be permanent, or require long-term medical care.
If your trip and fall accident injuries caused you to incur losses, you may be able to collect damages by filing a personal injury claim. You might be eligible to pursue damages if:
- The other party failed to act prudently.
- The negligent behaviour caused your injuries.
- Your accident could have been avoided.
What to Do After a Trip and Fall Accident
After a trip and fall accident, injured victims who seek medical treatment immediately may be able to avoid future complications in their recovery processes. By documenting their incidents with the proper authorities, injured victims could attain a written report about the circumstances of their accident, which may be useful in future litigation.
In order to be eligible to recover damages for injuries sustained in a trip and fall accident on someone else’s property, the victim must prove that their injuries were the direct result of another party’s negligent conduct. If you believe you may be eligible to pursue compensation for your losses, a Windsor trip and fall accident lawyer may be able to help you pursue legal action.
Recovering Damages for Injuries Caused by a Trip and Fall Accident
According to the Ontario Limitations Act, personal injury lawsuits must be filed within two years of the accident in question. If you fail to file a personal injury claim within the two years, your claim may be dismissed, even if you sustained severe injuries. That being the case, if you decide to pursue legal action, time is an important consideration. For victims facing long, complicated recovery periods, speaking with a Windsor trip and fall accident lawyer as soon as possible can help ensure your claim is filed within the mandated period of time, so you can focus on the process of healing.
A trip and fall accident lawyer serving Windsor may be able to help your claim by:
- Interviewing witnesses
- Fighting to recover pecuniary and non-pecuniary damages
- Negotiating a settlement
- Collecting evidence
- Arguing your case at trial
- And possibly more, depending on your case
By filing a personal injury claim, eligible accident victims may be able to pursue compensation for both pecuniary and non-pecuniary damages incurred as a result of their injuries.
Pecuniary damages are based on the monetary costs accrued by accident victims as a result of their injuries. Lost wages resulting from an inability to return to work are considered pecuniary damages. A Windsor trip and fall accident lawyer might present bank statements and pay stubs to demonstrate how much income their injured client lost or will lose as a result of the accident.
Medical expenses, including hospitalization and rehabilitation costs, are other examples of pecuniary damages an injured victim may be able to recover.
When your injuries significantly impact your life or prevent you from engaging in the same activities you enjoyed before your accident, a trip and fall accident lawyer serving Windsor may be able to help you recover financial compensation for damages such as:
- Pain and suffering
- Loss of affection
- Loss of enjoyment of life
- Diminished quality of life
- Mental anguish
- And more if you qualify
Windsor Trip and Fall Injury Lawyer Near Me (416) 364-2000
Establishing Liability in a Trip and Fall Claim
Depending on the circumstances of your accident, an injured victim may be eligible to pursue legal claims against multiple entities. For example, if you were injured in a workplace trip and fall, you might be able to pursue both a workers’ compensation claim and a personal injury case against the employer. If the responsible property owner has a history of negligent conduct, it may increase your chances of recovering damages.
If the at-fault property owner has insurance, a trip and fall accident lawyer could be able to communicate directly with the insurance company on your behalf, and try to negotiate a settlement with the liable parties.
If you require long-term medical treatment or sustain catastrophic injuries that negatively impact your relationship with your loved ones and dependents, the individuals affected by your injuries may also have grounds to seek compensation from the property owner responsible.
Call Preszler Injury Lawyers Today
Injuries resulting from a trip and fall accident have the potential to negatively impact your physical, emotional, and financial well-being. Losing the ability to work may make it hard to pay medical bills and your monthly expenses. The complexities of the legal system may also prove to be difficult to navigate without help from a trip and fall accident lawyer serving Windsor.
To discuss your legal rights about the injuries you sustained in a trip or fall, call Preszler Injury Lawyers today at 1-800-JUSTICE for a free initial case review.