Slip and fall claims can be very difficult to resolve. You need strong evidence to support your claim and an intimate knowledge of valuing claims to negotiate an appropriate settlement.
Contact a Pickering slip and fall lawyer for legal representation and an advocate in the courtroom.
Our slip and fall accident lawyers can meet with you in Pickering for a free initial consultation. Call (416) 364-2000
Not all slip and falls are eligible for compensation. To have a valid case, we must establish the following:
- The property owner allowed you to be on the property
- You were acting in a safe manner when the accident occurred
- A hazard existed that caused you to suffer a serious injury
- The property owner knew about the hazard and neglected to prevent the accident
- Your injuries caused substantial damages
One of the reasons slip and fall claims are so difficult to settle is the amount of evidence need to support your claim.
It helps if you write down what happened before, during, and after the accident. Details like what you slipped or tripped on and whether you saw any signage (e.g., “wet floor” signs) can help determine how long the hazard was present and whether the owner did enough to ensure your safety.
Pickering Slip and Fall Accidents Lawyer Near Me (416) 364-2000
The insurer likely will not readily admit its insured was at fault. The insurer might accuse you of trespassing before the accident. For example, if you wandered onto someone else’s property, you will not have a valid claim because you did not have the right to be on the property.
The insurer might also claim that you were acting recklessly and caused your own injuries. For example, if you were running around the grocery store and slipped in a puddle, the insurer will likely argue that was your own fault. To ensure this does not happen, do not agree to a recorded statement. The insurer can take your words and use them against you later. For example, if you say that you were on the phone with your friend before you fell, the insurer can claim you were distracted during your accident and, therefore, contributed to your injuries.
Eyewitnesses and video footage can help disprove these accusations. If this evidence does not exist, a Pickering slip and fall lawyer can call in accident reconstruction experts to review the situation.
No Knowledge of the Hazardous Condition
The biggest challenge in any slip in fall case is to prove that the property owner knew of, or should have noticed, the hazard and did nothing to fix or warn visitors about it. For example, if you tripped on a broken step, the property owner likely had time to fix, or warn visitors about, the hazard.
If you slipped on a puddle on the grocery store, this can be more difficult to prove as the hazard might have appeared only minutes before your accident. A slip and fall attorney in Pickering will look for video footage that shows when the hazard appeared or maintenance requests that report the problem but show the property owner took no action.
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Value of a Fair Settlement
The first settlement from the insurance company is rarely enough to cover the full extent of your injuries. Each case is different, but when the Pickering slip and fall lawyer assesses the value of your damages, they generally estimate the following:
- The full cost of medical care for the duration of your injury
- The entire period your doctor expects you to be unable to work and earn an income
- Lost earning capacity if you cannot return to your job
- Permanent disability
- Long-term care or medical needs
- Pain and suffering
If your settlement offer does not cover those points, it is likely too low.
Role of a Lawyer
Pickering slip and fall lawyers will investigate your accident, determine liability, gather evidence, and estimate your damages. These estimates often require the help of professionals in the medical or vocational fields. They have relationships with many different experts in the community and will call upon them if necessary.
After these evaluations, they will give a final estimate to the insurance company and negotiate a fair settlement.