No matter where your slip-and-fall accident happened, you should know that you may pursue a case. Whether it was on someone’s personal property or at a store or other public place, a Cushing slip-and-fall accident lawyer can help determine if you should move forward. You should know you have options in situations like this.
Having an Cushing personal injury lawyer on your side can help strengthen your case. This type of case can be difficult. You need to show a lot of proof and present it properly, which an attorney at BDIW may be able to strategically help with.
Common Causes of a Slip-and-Fall Accident
Wet or slippery floors often lead to falls, especially when proper signage and mats are not in place. Spills that are not cleaned up promptly and weather hazards like rain or snow that make the ground slick are frequent culprits. Proper footwear and attentiveness to surroundings can help reduce risk.
Poor lighting contributes to many falls, as hazards become difficult to see. Non-compliant stairs and handrails, cluttered walkways, and uneven surfaces like cracked sidewalks are also problematic. Property owners must address these issues to provide safe conditions, as timely maintenance and repair are essential.
Employers and businesses have a responsibility to identify and mitigate conditions that could cause slips or falls. Ensuring flooring has the proper traction, using warning signs on slick surfaces, and promptly addressing reported hazards all promote safety. Thoughtful prevention helps avoid painful and costly accidents.
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How to Properly Hold Someone Accountable
If you are injured in a slip-and-fall accident, it’s important to take steps to hold the responsible party accountable. Document the scene with photos and video, making note of hazards that led to your fall. Get contact information for witnesses who saw you fall, seek prompt medical attention, and follow doctor’s orders for treatment.
Save all receipts and track expenses related to your accident, including medical bills, missed wages from work, medication costs, and more. Report details of the incident in writing to a manager or owner and ask them to preserve video footage if available. Consult an experienced slip-and-fall accident attorney in Cushing to determine legal options.
Pursuing a claim or lawsuit allows you to seek recovery of damages through settlement negotiations or at trial. An attorney can handle communications and negotiations to take the burden off the injured person. Legal action also brings public awareness to hazards, motivating better safety practices.
Possible Ways to Strengthen Your Claim
Get contact details of anyone who witnessed your fall, as their accounts can verify what happened. Take clear photos of the hazardous conditions that caused the accident. Document all injuries and medical treatments related to the incident.
Keep detailed records of any costs you incur because of the accident, including medical bills, missed wages, damages, and anything else you have. Save all receipts and continue tracking expenses as they arise. Promptly report the dangerous conditions in writing to the property owner or manager.
Make sure you are informed on liability laws to strengthen efforts to obtain fair restitution. Focus on following medical guidance to facilitate healing and demonstrate injury severity if appropriate. Carefully collecting evidence and researching regulations can support compensation attempts.
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Why to Leave Fighting the Insurance Company to Your Attorney
Insurance companies tend to try and lower payouts on claims by having a team of adjusters and lawyers working to minimize payouts. They may try to lowball offers or deny liability altogether. This is where it can get tricky, and you may benefit from having a BDIW slip-and-fall accident lawyer in Cushing on your side.
An attorney has the negotiation skills and legal knowledge to stand up to insurers. They know what evidence can potentially prove liability and how to prove damages you may be owed. An attorney can also file a lawsuit if needed to fight for possible compensation.
Handling settlement negotiations yourself can jeopardize your claim if you unknowingly make harmful statements. Anything you say may be used against you. Your attorney can handle all communication with insurers on your behalf.
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Potential Defenses Against a Slip-and-Fall Claim
When pursuing compensation after a slip and fall accident, expect the defense to challenge your claim. They may argue the hazardous conditions were open and obvious, claiming you should have been more careful. However, even obvious hazards can be dangerously slick.
The defense may claim you were comparatively negligent, saying your actions contributed to the fall. They may allege you weren’t paying attention or were under the influence. However, falls frequently occur due to unsafe premises, not pedestrian error.
Arguing the incident was an “unavoidable accident” is another tactic defense uses. They suggest it was unpreventable, given reasonable care. However, property owners have a duty to identify and mitigate foreseeable risks that lead to falls.
Statutes of Limitations in Oklahoma
If you were injured in a slip-and-fall accident in Oklahoma, you have limited time to take legal action. For personal injury claims, you typically have two years to file. The two years begin from the date of the incident to file a lawsuit.
Different rules apply if the slip and fall occurred on government property. You may have only one year to provide notice of your claim to the government entity before filing suit. Your lawyer can help you determine your specific guidelines based on your circumstances.
These strict deadlines can prevent recovery if missed. An experienced Acting promptly to engage legal help optimizes your chance at a successful claim. Never assume you have unlimited time to pursue compensation.
Work with a Cushing Slip-and-Fall Accident Attorney
When you get hurt because of someone else’s negligence of their property, you may have options. If you know for a fact that it could not have been prevented on your end, you can see what compensation you may possibly be able to pursue. As long as you have the evidence, you can go after potential damages.
Work with a lawyer at BDIW to see what you may be able to claim. If you bring the proof, we can help with the possible compensation you may be entitled to. Contact us for a free consultation.
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