Slip and fall accidents are all too frequent in Philadelphia. These accidents cause severe injuries and financial hardship for victims. Philadelphia slip-and-fall accident victims face numerous challenges that include locating witnesses, demonstrating fault, and dealing with the legal processes that arise after an accident.
A Philadelphia Slip and Fall Lawyer can help victims navigate the complex legal system to pursue a compensation claim successfully. The common challenges that injured victims face after a slip and fall accident include:
Determining Liability
The legal doctrine of premises liability requires property owners, legal occupants, or managers to keep their property in a reasonably safe condition and to warn others of hazards on the property that are not otherwise obvious.
To hold property owners, legal occupants, or managers liable for your injuries, you’ll need to prove that there was a breach of the duty of care owed to you on their property. To do this, you’ll need to present evidence to demonstrate that:
- A dangerous condition existed on the property
- The property owner knew or should have known of the hazardous conditions
- The property owner’s failure to remedy the hazard in a reasonable amount of time.
You’ll also need to prove that you were on the property lawfully and that you’ve suffered damages due to the accident.
Locating Witnesses
One of the first steps in gathering high-quality evidence is locating witnesses. You may approach witnesses at the scene of the accident for their contact information. If the witnesses are willing to talk, you may ask them to make a statement. You can’t tell the witness what to say. However, an experienced slip-and-fall accident lawyer can help them testify in a way that’s concise, understandable, and convincing.
Contributing To The Accident
Comparative negligence states that when an accident occurs, the fault or negligence of each party involved depends upon their respective contributions to the accident.
In Pennsylvania, the modified comparative negligence rule disallows plaintiffs from recovering monetary damages if their fault is beyond a certain percentage.
Pennsylvania follows the 51% bar rule, meaning plaintiffs cannot recover if their fault percentage is 51% or greater.
Examples of fault or shared fault that would be contributory negligence include:
- Accessing a part of the property where visitors are not allowed or expected to be
- Not paying attention when walking
- Wearing inappropriate footwear
- The dangerous conditions should have been obvious
Meeting Deadlines
Failing to file a slip and fall lawsuit within the stipulated time frame can time bar your suit. The statute of limitations in Pennsylvania is two years from the date of your injury.
Dealing with Insurance Companies
Insurance company adjusters know how to minimize payouts or deny claims. They try to devalue your claim or dispute liability by arguing that you were partially at fault for the accident or that your injuries are not as severe as you claim. Negotiating with insurance adjusters can be nerve-wracking when you’re dealing with medical bills and lost wages.
At The Law Offices Of Greg Prosmushkin, P.C. Our slip-and-fall accident lawyers will gather compelling evidence, consult experts, and negotiate with insurers to ensure you receive adequate compensation for your damages.
Contact A Slip-and-fall Accident Lawyer In Philadelphia
Personal injury cases involving slip-and-fall injuries require extensive investigations. At The Law Offices Of Greg Prosmushkin, P.C. Our premises liability attorneys know how to utilize Penslyvania’s rules of civil procedure to make requests for records, examine the accident scene, collect names of witnesses, and implement strategies to build a robust case on your behalf.
If you or a loved one have suffered injuries in a slip and fall accident in Philadelphia, the compassionate lawyers at our personal injury law firm can help you prove liability and recover the compensation you need to move forward.
To find out more about your legal options, get in touch with our law firm today. All initial consultations are free.