Many factors determine whether or not slip and fall accident cases are hard to win. If an injured accident victim is able to produce evidence that their injuries were the result of another party’s negligence, they may be able to recover damages they incurred as a result of the accident.
Without this evidence, though, a slip and fall accident case may be more difficult to win.
Liability in Slip and Fall Cases
In Ontario, both commercial and residential property owners have a duty of care, meaning they are legally required to ensure that their property is safe. If a property owner or occupier does not adequately remove, repair, or warn guests of hazards on their property, they could be held liable for injuries sustained in slip and fall accidents caused by those hazards.
In order to recover damages for costs you incurred as a result of your accident, a slip and fall accident lawyer may be able to help you produce and compile evidence that another party’s negligence was the primary cause of your injuries.
Evidence Supporting Slip and Fall Accident Claims
In order to support your claim that another party’s negligence caused your accident, a lawyer may present various forms of evidence, including:
- Photos or video surveillance footage from the accident scene
- Documentation of the hazard that caused the slip and fall
- Witness statements
- Police reports
- Testimony from accident reconstructionists or medical experts
- And possibly more
One factor that may increase the difficulty of winning a slip and fall accident is improper medical documentation.
In order to recover damages for the costs you incurred as a result of your injuries, you must prove that another party’s negligent behaviour was the primary reason you sustained injuries in the first place. If you fail to receive timely medical treatment following an accident, it may be difficult to demonstrate that the accident caused you harm. Accurate medical documentation can often connect your injuries to the accident, and validate the severity of your injuries.
Time Limits for Slip and Fall Accidents Claims
In accordance with Ontario’s Limitations Act, you may be required to file your lawsuit within two years of your injuries. Failing to act within this time frame could prevent you from recovering compensation through a tort claim.
Damages in Slip and Fall Cases
According to Ontario’s Negligence Act, if another party’s negligence caused an accident in which you sustained serious injuries, you may be able to recover both economic and non-economic damages.
Economic damages are meant to compensate you for the monetary value of costs you were required to pay because of your accident. Economic damages may include:
- Compensation for medical expenses
- Prescription drugs
- Lost wages
- Rehabilitation costs
- And possibly more.
Accurately documenting and keeping records of your accident-related expenses may help illustrate the extent of your economic losses. Since severe injuries may lead to excessive medical debt, the province of Ontario does not limit the amount of economic damages you may be able to receive.
Depending on the severity of your injuries, you may also be able to receive damages for non-economic losses. These damages are determined based on the extent to which your injuries impact your quality of life. You may be eligible to collect these injuries if you have sustained severe or catastrophic injuries which caused emotional trauma and mental anguish, and diminished your quality of life.
Call Preszler Injury Lawyers Today
If you were injured in a slip and fall accident as the result of another party’s negligence, you may be entitled to recover financial compensation. Call Preszler Injury Lawyers today at (416) 364-2000 for a free, initial case review.