Slip and fall accidents happen all the time, and they leave many people confused about the future. Some victims of slip and fall accidents have no idea they might have some legal recourse, and some people are positive they can sue someone when they fall down. The truth is that a slip and fall case is delicate, and there are numerous legalities to consider before you file a personal injury claim. If you have slipped and fallen and you are injured, it’s time learn how you can figure out whether you have a personal injury case or you are on your own.

Call An Attorney

An attorney can help you with your case by discussing the specifics. Your attorney can read accident reports, take a look at the evidence, and take a look at medical records to determine whether there might be a personal injury case at hand. Every case is unique, which is why it’s impossible for an attorney to tell you if you have a case without seeing this information and speaking with you. The first consultation is free, and you can decide from there what you want to do.

How Does An Attorney Determine If There Is A Case?

Your attorney cannot file a personal injury claim on your behalf unless they can prove several factors in a slip and fall case in Joliet. Your attorney has to prove liability, and that’s not as easy as it might seem. Your attorney must prove that the property owner/employee in charge was aware of a dangerous situation and did nothing to fix it. The other option is that your attorney must prove that the property owner/employee caused the situation that caused your fall.

For example, if a property owner was aware that they had a leak in a parking lot in the middle of winter in a corner where the lights had been out for months, someone might say that the property owner was reasonably aware that there was a dangerous situation. This could go one of two ways from this point.

If the property owner placed signs around the area where the water was leaking and potentially turning to ice while they waited for someone to come replace the lights and repair the leak, they did their due diligence to keep others safe. If you chose to walk that way knowing the dangers, you are the person at fault for your own injuries. If the property owner/employee ignored the situation entirely even though they knew about it, they were negligent in keeping their patrons safe. You didn’t fall because you were aware of the situation. You fell because someone failed to make you aware of the situation.

There is one more situation to consider, too. If the property owner didn’t know the lights were out because they just stopped working and the leak occurred on the same day, they didn’t know there was anything to fix. They cannot be blamed for that if they can prove they didn’t know at that point there was an issue.

Next, your attorney must be able to prove you did not cause your own accident. Even if he or she already determined there was some fault by the property owner/employee in question, they must still prove you did not cause your own accident. This is where evidence such as the fact that there were signs posted comes into play. If you were on the phone, texting, or doing something that prevented you from seeing the signs, you are partially to blame for your own fall. Your attorney must be able to disprove any concept that you could have prevented this situation in any way.

Seeking Damages

Now that you know that you slipped and fell through no fault of your own, your attorney will discuss potential damages with you. Do you want to ask for pain and suffering, medical bills, lost wages, or other damages? There are many you can ask for, but the ones you seek must apply to your situation. You should immediately seek medical attention if you slip and fall, and you must also file an accident report with the business or homeowner. If you want to call the police to file an accident report, you can do that.

If you want to win a slip and fall personal injury case, you must be able to provide evidence to support your case. There is no such thing as too much evidence or being too careful. Do what you feel is necessary, and then call an attorney to assist you in the process. Having someone with legal knowledge on your team is always a preferable option.