Essential Elements in a Successful Slip and Fall Case 

 Posted on November 17, 2022 in Premises Liability

Slipping and falling can lead to severe injuries that may have a significant impact on your life. Traumatic brain injuries, internal organ injuries, spinal cord injuries, and broken bones are just a few of the potential injuries that can be sustained in a fall. If you or a loved one have been injured in a fall, you may wonder whether you have a valid personal injury case. This blog will discuss the main elements that must be present in order for a slip and fall injury claim to be successful.

Four Components in a Successful Personal Injury Case

In order to win a personal injury case, the victim must be able to prove that the four main components of negligence are present. These include duty, breach, causation, and damages.

• Duty - The first component that must be present is duty. The plaintiff must show that the defendant owed them a duty of care. This means that the defendant had a responsibility to take reasonable precautions to prevent injuries. For example, business owners have a duty to keep their premises safe and free of hazards. Spilled liquids, unsecured rugs, and slippery floors are all examples of hazards that can lead to slip and fall accidents.

• Breach - The second component is breach, which means that the defendant failed to live up to their duty of care. In other words, they did not take reasonable steps to prevent injuries from occurring. For example, if a business owner knows that there is a spill on the floor and does not clean it up or put up a warning sign, they have breached their duty of care.

• Causation - The third component is causation, which means that the defendant’s breach of duty caused the plaintiff’s injuries. Incident reports, medical records, and eyewitness testimony can all be used to prove causation.

• Damages - The fourth and final component of a successful injury claim is damages, which means that the plaintiff must have suffered some type of harm as a result of the defendant’s negligence. Economic losses include things like medical bills and lost wages. Non-economic damages are things like pain and suffering and lost quality of life.

Building a Strong Case

Recovering financial compensation for damages caused in a slip and fall case is not easy. The at-fault party will inevitably try to downplay their role in the accident and will likely have insurance adjusters and lawyers working hard to minimize the amount of money they have to pay out. This is why it is so important to have a skilled personal injury lawyer on your side. An experienced attorney will know how to investigate the circumstances of the accident, gather and preserve evidence, and negotiate with the defendant to pursue the full and fair compensation you deserve.

Contact a Joliet Slip and Fall Injury Lawyer

Will County personal injury lawyer Michael J. Lichner knows the complexities of personal injury law. He can help you gather and preserve evidence, demonstrate the necessary elements of a personal injury case, and negotiate a fair settlement with the insurance company. To schedule a free consultation, call us today at 815-730-1977.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57