4 Elements Needed To Prove Slip and Fall negligence

You can refer to negligence as a personal injury lawsuit or a personal injury insurance claim; both may just as well be the same thing from a legal point of view. Before you dash off to start filing personal injury lawsuits with your personal injury lawyer or even begin to negotiate with a claims adjuster about that personal injury insurance claim you wish to get, you must first understand a few concepts and consult a slip and fall lawyer Toronto. There are four elements of negligence that you must be aware of and also how they are related to each other.

You cannot just instantly sue someone for falling on their premises. You need to have tangible proof of some four very vital elements in a fall case, slip and fall, and also trip. You should know you do not have any tangible case if you can’t prove every one of these elements.

  • Duty on the part of the defendant: the premises is owned and operated by the defendant.
  • Notice: the defendant knew or had to have known of the factors that could cause any harm to the public.
  • Dangerous condition: the factors that led to the plaintiff’s injury were dangerous, not small defects.
  • Damages: the dangerous conditions led to the injuries suffered by the plaintiff.
  1. Duty

What duty means here is that as the owner of the premises you need to ensure that you address any conditions that can end up causing you or anyone else around the premise or surroundings of your premise any harm. Owned duty comes about as to whether you, as the premise owner, or the occupier of the premise, ought to have had any control of the premise that the accident occurred. In instances where you have more than one owner of the premise, you have to determine who was in charge of the premise at the time of the accident. As the plaintiff, you need to know you cannot win your case if you cannot prove the defendant’s owner duty.

  1. Notice

Another one of the vital issues you need to establish in these types of cases is notice. As the plaintiff, you ought to have your attorney call on experts that can testify to your case, the typical practices like inspection, hazard prevention procedure, and also maintenance. It may be possible for you to prove improper premise management if you have proof that the defendant has deviated from any of these industry practices.

  1. Dangerous condition

As the injured in this case, you now know that a dangerous condition must have existed for you to suffer any injuries. However, you need to prove this fact to stand a chance of winning your lawsuit. As the plaintiff, you have to prove that the defendant knew or had knowledge of the dangerous conditions that led to your injuries but did not take any action about these conditions. As the plaintiff, you need to prove that the conditions were, indeed, dangerous and not some normal minor wear and tear that would otherwise create no potential harm.

  1. Damages

It is not always easy to prove that the injuries you have were as a result of the accident you suffered as a result of someone else’s negligence. You must prove that the injuries you were diagnosed with were caused as a result of the dangerous conditions in the defendant’s premises. Do not brush off your injuries as if nothing happened, instead seek medical attention and take reports of the incident for you may need these when testifying your case.

5 Mind-Blowing Facts About Personal Injury Unknown to Many

You may not be aware of the types of lawsuits involving personal injury. There are, in fact, quite some cases relating to personal injury and can only be handled effectively by a qualified personal injury lawyer Halifax. Many of you may only be aware of one person accusing the other, or a business, of personal injury that may have resulted as a result of negligence of the accused party. Here are some of the facts gathered for you on the matter of personal injury by a qualified personal injury lawyer.

  1. Personal injury lawsuits are different

Usually, you find that a formal injury lawsuit that has been filed involves two parties. One needs to be the plaintiff, who files the case against the defendant, who the lawsuit has been filed. The defendant can be an individual, a business, a corporation, or even some other entity that has caused personal injury to the plaintiff as a result of negligence or other causes. In some cases dealing with personal injury, you may find that more than one party can be involved. You need to be aware that civil court proceedings are the ones that handle personal injury cases and not the criminal courts as they are not criminal offenses. In most cases, you will find that many people file personal injury cases to try and seek some remedies for the damages that they have incurred. In some cases, you find that some disputes involving personal injury can be solved outside of court where the two parties agree that the personal injury indeed occurred as a result of the defendant’s negligence. The two parties can then agree on what measures to take. In most instances, the defendant remedies the plaintiff for any injuries incurred.

  1. Cases can settle early

In cases where both parties, both the defendant and the plaintiff, agree on how to go about the case, the legal process usually settles early. Here, both parties have negotiated to come to some agreement and thus decide to forgo any further action on the case.

  1. There is a time limit

In these types of lawsuits, the plaintiff usually has a limited period to file a case against the defendant. This limited period is called the statute of limitations. The period starts counting down right from the time the personal injury occurs. You need to be aware that every type of personal injury has a different statute of limitation period.

  1. There are statutes

Different laws and statutes surround different types of personal injuries. Take, for example, a personal injury incurred by an elder. This type of personal injury has both federal and state regulations. Many findings that have been filed relating to personal injury have resulted in the writing of many statutes.

  1. There is a discovery process

Both parties involved in the case relating to the personal injury usually are obliged to request documents and information that surround the issues in the case. In most cases, the process is usually lengthy, but still essential if you want to discover any information that surrounds any events concerning the case.

What You Should Do If You’ve Been Involved In A Motor Vehicle Accident

Things can get messy when an accident occurs. At that moment, you are likely to experience mixed emotions that might cloud your judgment. Therefore, you must know what to do immediately an accident occurs to prevent you from making mistakes that can worsen the situation. In this post, we will show you everything you need to do after an accident.

Don’t Leave the Scene

Never leave the scene of the accident unless the police allow you to do so. In many states, especially Toronto, you can attract serious penalties and even a jail term if you leave the scene inappropriately. It’s even worse when you hit a person.

Check on Everyone

Before you think of the damaged car, check the other driver, passengers or pedestrians involved. Make sure they are in good shape. If they’re not, call an ambulance immediately, as you wait in the car. In order to do this perfectly, secure the scene if you can to prevent people from tampering with any crucial evidence.

Call the Police

Call the police, particularly when there are serious injuries, damages or death. Make sure the police file a comprehensive report about the accident. Request for the names of the officers in charge in situations where they arrive in large numbers.

Exchange Information

In situations where the accident involves many people, get their names, driving license numbers and vehicle details. Take some time to interview the drivers and know their side of the story. However, don’t say anything that can show that you admit liability. Make sure you also cooperate and give accurate information to both police and other people involved in the accident.

Take Photos

Take pictures of the vehicles with a camera or a smartphone. If you happen to have injuries, take pictures as well. The pictures will most likely give more evidence of what happened and the severity of the accident. Make sure you don’t interfere with the work of the police while doing this.

Notify your Insurance Company

You should inform your insurance company immediately after the accident. Be honest and tell them clearly what happened. If an insurance company discovers that you are lying, they can sue you with committing an insurance fraud. Don’t forget to mention the extent of damage and injuries since they are crucial determinants of your compensation.

Hire an Attorney

If you suffer injuries in the accident, consider hiring a personal injury attorney to help you maximize the insurance claim or your defense in court. If you live in Toronto, hire only experienced personal injury lawyers Toronto for quality service. Luckily, most personal injury lawyers receive their payments after you get compensation for the injuries. Therefore, you don’t have to worry about lawyer fees.

The aftermath of an accident can be rocky if you don’t act appropriately. The tips given above will help you know what to do after an accident. If possible, make a short list of the guidelines and pin them at a strategic place in your car.