PERSONAL INJURY LAWYER IN JAMAICA
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Slip and fall accidents are some of the most common injuries in today's justice systems. Dealing with them is often problematic: some of the specific aspects of a slip and fall accident case can be difficult to resolve. Often, a heavy burden of proof is placed on the plaintiff. If you are seeking to win a slip and fall settlement from an accident and injury, here are some of the best pieces of advice from professionals about how to go forward with your case and get the best chances of eventually winning compensation.
Steps
- Document the injury and accident. This initial step is crucial for having a chance at a settlement. One of the first hurdles for a claim is to provide evidence of actual injury, and documentation is the most major source of proof. Having other details can also mean the difference between winning and losing a case.
- Hire the best professional injury lawyers within the specific field. For the best chance at success, you will need to find competent lawyers who have shown that they can handle all of the challenges of litigating a slip and fall case.
- Seek out specific lawyers for slip and fall scenarios. For example, if you are seeking a settlement in a worker's compensation situation, specific worker's compensation lawyers may get you better results.
- Prove a "link of causation" between your slip and fall accident and ensuing injury. Another way that claims get denied in court is through lack of evidence that a past fall is the primary cause of a current condition. Having the above proof and documentation can help with this important step.
- Establish a legal responsibility for the defendant. In many slip and fall cases, the plaintiff also has to show that the defendant had a clear responsibility for safety, whether in a worker's compensation context or in a general public safety scenario. Some professionals call this a "duty of care," and it is a big part of slip and fall accident cases.
- Prove "control of premises" in the case. In order to successfully litigate and win a settlement, it's sometimes necessary to clarify whether the factors causing the accident were under the control of the defendant.
- Use expert witnesses and building plans or other documents. Expert witnesses can help you prove that a common situation often results in a common type of injury according to the physics involved. If the slip/fall happened on a wet floor arrange for an accredited 'Tribologist' measure the floors using an English XL Variable Incidence Tribometer or a Brungraber Mark 11 (with grooved foot) to provide expert and credible documentation that the floor traction does not achieve an acceptable level considered safe (generally over .5). Many restaurant companies use, and will only allow franchisees to use, the same tiles in hundreds of restaurants and although they've experienced many slips and falls on these wet tiles do nothing to make the floors safer. There are products available they could apply which will increase the wet traction. You may be able to establish they (or franchisees) have used them in some restaurants but not all. Documents like building plans can help to prove intent or protocol for the defendant.
- Cite legal precedents. Along with any special legal language related to the specific case, the plaintiff can also cite broader laws that apply. For example, in a worker's compensation case, use guidelines from the federal Occupational Safety and Health Administration (OSHA) to help shore up a case and eventually win settlement money.
Sources and Citations
- http://www.jamespublishing.com/books/sf.htm
- http://www.justicenewsflash.com/2010/07/06/fl-slip-and-fall-lawsuits-new-law-makes-it-harder-to-prove-cases-for-victims_201007064904.html
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