All business operators and property owners are required by law to provide a reasonable duty of care for all individuals who occupy their property for any particular reason. The duty of care can vary between private and public property scenarios when an injury occurs, as business owners or operators actually invite customers and clients into their business establishments. Private property owners may have other defenses available to them regarding legal occupancy of said property, but the duties are otherwise generally the same. Anyone who suffers an injury on the property still must prove the injury was the result of negligence on the part of the respondent with respect to the duty of care. This can be a futile process for an injured plaintiff who does not have the benefit of an experienced slip and fall lawyer who understands what to expect from the defense and how to craft a successful case.

Documentation

One of the most important aspects of winning a premises liability injury claim is providing documentation and physical proof of all case particulars. Medical bills and official accident reports can help when the injury is reported. A slip and fall lawyer can acquire and submit all pertinent information and testimony necessary to prove the claim, with the additional ability to question a negligent respondent in a hearing if the case goes to court. The truth is that having an experienced personal injury attorney regularly results in claims being settled out of court, and often for more damage amounts than a settlement that is handled by the claimant without the benefit of legal counsel.

Determining Damages

Medical bills and lost wages are typical items claimed in a slip and fall injury case, but the real compensatory damages will usually be non-economic pain-and-suffering based on the impact the injury will have on the remainder of the claimant’s life. This can be a considerably higher sum for younger individuals in some cases, based on the long-term damage caused by the injury. Head injuries are the most serious type of injury reported in slip and fall claims, but back and spine injuries can result as well, often with long-term consequences. It is important that all aspects of life following the injury be included in the claim, and an experienced Ontario slip and fall lawyer has the expertise to take an inventory of all ongoing medical issues when producing a professional financial evaluation of claimable damages. These claims can also include punitive damages in gross negligence situations. Punitive damages must always be awarded by a jury, but the potential for this additional claim can still be used as strong negotiation leverage when working out a settlement.

Always Choose Experienced Counsel

It is important for victims of a slip and fall accident injury to understand that premises liability claims are always defended vigorously, and handling a claim personally is not a good decision. The rules of the court can be complicated and injury claims can be dismissed summarily. Having an experienced Ontario slip and fall lawyer will ensure that all legal aspects of the case are applied correctly and that equitable compensation is paid according to the severity of the injury. Who you choose as a legal representative matters. Always select a personal injury attorney who focuses their practice on slip and fall law and has an excellent track record of results for their injured clients.