Filing a slip and fall injury claim can be a difficult and arduous journey that may result in lost time and energy if shut down. No matter who you are attempting to go against, the legal process and hoops that must be cleared can bog you down, and completely stifle your progress.
This is especially true with San diego slip and fall injury claims. With such an accident and incident that tends to be overlooked, filing a claim for a slip and fall accident can mean observing an incident that would otherwise be written off as a mishap. So, where should you start with a slip and fall claim? You must first start by understanding what a slip and fall is.
What is a slip and fall incident?
A slip and fall refers to an incident or accident involving a person slipping on the premise, or facility, owned by another. When this occurs, and the incident is on the premises of an owner, the owner is liable for the damages and injuries that may be short-term or long-term.
This can occur in many different scenarios. The most common instances are inside of your workplace, a factory, grocery store, a hospital, or another medical facility. However, in most instances, these slip and fall incidents tend to be brushed under the rug. In medical facilities, they are also known as “Never Events”, as they should almost never happen due to safety precautions and proper staff on hand.
When do you have a case?
It can be difficult to identify when a case should be made for a San Diego slip and fall accident. Many people and victims of this tend to just brush it off as a simple mistake. However, there may be situations and issues at play that may bring light to the situation.
The main time that you would have a case is when there is a liability issue, and there is probable cause to assume that the fault is not entirely your own. This can come from a number of different reasons, from unsafe work practices on the hospital's side, to direct staff involvement of the facility owner's part.
The first step to filing a slip and fall injury claim - Information Gathering
In any injury claim made for a slip and fall, it is important to first gather and record information. If you feel like you have been hurt or injured by a slip and fall incident, you must record relevant information that may pertain to the case. This includes, but is not limited to:
- Doctor's visits/notes
- Relevant photos/videos to the accident
- Eye-witness reports
This information must be gathered efficiently, and as quickly as possible. If done properly, the information will be used to translate into a solid base for your case. Your opponents in the case may attempt to stifle any relevant information from being leaked, so if you wait too long, you may not have access to such information later on down the road.
Establishing relevant causation
The second step is to determine whether or not a party lies in fault for the slip and fall incident. This is arguably the primary point where a case can either be made or not. Establishing causation on the side of a party means that they were liable in some form or way for the accident itself, and that they are needed to pay for the damages that they have incurred on the victim.
For cases related to the medical field or medical facility, these causations can range in differences. They can be simple mistakes and issues, such as a hospital not taking care of a chemical spill early on when it was reported, to a doctor mis-diagnosing a patient or over-prescribing on medication known to cause unstableness in a patient. These may all be used as evidence for causation against a group, or an individual associated with the hospital.
Find an experienced San Diego slip and fall lawyer
Once causation has been determined, finding proper legal representation is the next step. This can be done in the form of an experienced San Diego slip and fall lawyer who has dealt with these kinds of situations before. They will be able to help guide you through the legal process, as well as cement your case before you head into court.
Not only will the proper slip and fall lawyer be able to help file your case and get your information in order, they will help to prevent any loopholes or vulnerabilities from being abused by the other party. One suggestion your slip and fall lawyer may make is for you to not speak directly with the opposing party, as anything you say or do can be used against you to mitigate the amount they may have to pay for your claim.
Your San Diego slip and fall lawyer can also help to properly identify what you should be claiming. Through their experience, they can identify the short-term and long-term problems that you may want to claim for, such as lost wages, medical bills, and/or medical treatments that may have been performed.
If you were involved in a slip and fall accident and would like to receive a free case evaluation from an experienced San Diego slip and fall lawyer, call us at 1-800-219-3577. We are experienced San Diego slip and fall lawyers and will provide you with a free case evaluation with no obligation.