The winter has been long and seemingly without end. With low temperatures and consequent freezing, the sidewalks and streets may be laden with black ice and uneven walkways. When you’re facing such hazards on a daily basis, it’s important to be as safe as possible and to do everything in your power to avoid an unnecessary fall. Falls can lead to serious injuries that can in turn lead to high medical costs. Such costs could come when you least expect it and leave you financially diminished, so it’s a good idea to keep your wits about you as you brave the elements. But when you find yourself on the ground and injured, it’s also good to know your legal options.
Preventative Measures
There are a few specifics to keep in mind as you make your way out into the world. For one, you should be wary of invisible (black) ice, especially as you exit your vehicle and as you walk over black top. When you walk over black ice without the proper preparation you could end up seriously injuring yourself. But what should you do to prevent a fall from happening in the first place? Wearing shoes with solid traction is a good start, and if you can afford it, purchasing extra wearable traction would be even better. What’s more, it’s advisable to lean forward slightly as you walk over slippery surfaces. Also, make certain you’re taking small steps as you advance. Basically, stay alert and wear the proper footwear.
Compensation
Of course, no matter how much you prepare, there’s always the possibility that a fall occurs. In such a circumstance, you may be able to recover compensation for related expenses, if you can show that your injuries were the direct result of someone else’s negligence. For instance, if you slip and fall on business-owned property, the proprietor may be held liable in certain cases. Perhaps they failed to clear a walkway as required by local ordinance. Or perhaps they failed to warn you sufficiently. If it can be shown that another party caused your injury, you may be able to obtain remuneration for damages.
Documentation
In this regard, it’s important to keep a few things in mind. For one, after you fall, it’s a good idea to keep as much documentation as possible. For example, you could take time-stamped pictures of the hazardous area. It’s also important to seek out medical attention as soon as possible. Not only is this imperative for your health; it is also important for the purposes of collecting evidence. The sooner you see a doctor, the stronger your case can be if you choose to seek compensation. You also want to keep documents pertaining to lost wages (both present and future) and any other financial losses that resulted from your injuries. These can greatly affect your total compensation.
Proof
What’s more, proving negligence is not always straight forward. First of all, every jurisdiction is different, so you may want to consult with a slip and fall attorney who understands the nitty-gritty of your state’s laws and procedures. Generally speaking, you need to be able to show that the other person (or business) had a “duty of care,” meaning they were obligated to ensure your safety. You then need to show that they breached that duty, and that that breach led to your injury. For this reason, collecting ample documentation is incredibly important.
As slip and falls are among the top causes of accidental death and disability, it’s vital that you consider the above-mentioned precautions. It’s better to prevent accidents when possible. The process of pursuing compensation can be incredibly stressful. Thus, if you fall, it might be a good idea to consult with an attorney, in order to get a sense of your options moving forward. A skilled lawyer can help build your case and negotiate with insurance companies, helping to ensure that you receive maximum compensation for your injuries.
About Sean Lally
