If you have been injured by slipping and falling on someone else’s property, you may be wondering if there are any options available to help you cope with the damage. Many victims who have been injured in a slip-and-fall accident due to another’s negligence elect to move forward with a personal injury lawsuit, but what does that mean?
Personal Injury Lawsuit
A personal injury lawsuit allows you to recover monetary damages for physical harm caused by someone else’s negligence. Bringing a lawsuit in civil court allows you to recover for your injury, even when no crime was committed. It’s understandable that accidents are a normal part of life, but that doesn’t mean that no one can be held responsible for them. One of the best ways to effect change and ensure that property-owners exercise the appropriate standard of care toward their guests is by pursuing litigation when they feel to meet that standard.
Establishing Negligence
In order to succeed on your personal injury claim, you will need to prove that one of the following criteria are true in order to establish that the other party was negligent:
- The property owner was responsible for causing or creating the dangerous conditions that injured the victim; or
- The property owner knew about the dangerous conditions and failed to correct them before the victim was injured;
- The property owner should reasonably have known about the dangerous conditions, even if they didn’t actually know.
Preparing for Comparative Negligence Analysis
Pennsylvania is a comparative negligence jurisdiction. This means that the fault of both parties will be considered in determining the final award amount. It also means that if the parties are found to be equally at fault for the accident, neither party can be found liable to the other. The other party will almost always argue that the victim is at least partially at fault for their injury to reduce their own financial liability.
For instance, say you slipped and fell at a spa due to a slippery tile floor. The spa’s lawyer may claim that you were also liable for the fall if you were acting recklessly, perhaps by walking barefoot or running. If the jury ultimately decides that you should be compensated $10,000 for your injuries, and that you contributed to your injury 30% by walking barefoot in the spa, your $10,000 award will be reduced by 30% (proportionate to the fault you were found to have contributed), and you will receive $7,000. However, it is important to note that even if you are found to have been negligent to some degree, you will not have to pay the other party. Your award will simply be reduced in proportion to the finding.
Hire an Experienced Personal Injury Attorney
A personal injury attorney will review the specific facts and circumstances of your situation to prepare the strongest possible case. Having an experienced personal injury attorney advocating for you is the best thing you can do for yourself to ensure that you are fairly represented and receive the compensation that you deserve. An experienced personal injury attorney will be prepared for the other party’s comparative negligence arguments and will advocate vigorously on your behalf. Schedule a free initial consultation with the personal injury attorneys at the O’Donnell Law Offices serving clients in Kingston, Wilkes Barre, Hazleton and Pittston at 570-821-5717 or online today. There is no fee or costs until we win your case.