Posted on: 21 January 2015
Were you recently injured as the result of a slip and fall at a local retailer or other business? If so, you may qualify for compensation as a result of your injuries. Taking the time to review the information outlined below can help you to determine whether or not your case qualifies for compensation under current personal injury laws.
A Reasonable Assumption Of Risk
Each day, you take risks, many times without even realizing it. For example, when you get behind the wheel of your car, you are taking the risk that you will be involved in an accident.
What makes these risks okay is that it is reasonable to believe that taking this risk will not result in harm. For instance, using the example above, it is reasonable for you to believe that other drivers will act in a competent manner and that in the event of an accident, your vehicle's safety equipment will work as intended. This is considered a reasonable assumption of risk.
In order to receive compensation in a slip and fall accident, you must prove that you did not assume any unreasonable risks that ultimately led to your accident.
Imagine for a moment that you fell in the parking lot of your favorite grocery store after slipping on a patch of ice right outside the entrance. If the store was open for business at the time of the accident, it is reasonable for you to assume that the store would maintain a safe entrance for you and the other customers. However, if the store was not open at the time you arrived, it would be unreasonable for you to assume that someone was there to maintain the parking lot. Therefore, your slip and fall will be a result of your own assumption of risk rather than the store's negligence.
Suffering Real Damages
Suffering a slip and fall in a public place can often leave your pride more wounded than your body. Unfortunately, the law does not provide compensation for embarrassment. In order to collect compensation in your slip and fall case, you will need to prove that you suffered real damages as a result of your accident.
According to personal injury laws, real damages are financial losses that are definite in value. For instance, medical bills, lost wages, and necessary medical equipment for your home will all qualify as real damages.
If real damages exist in your case, you may also be able to seek punitive damages, such as compensation for pain and suffering. However, the law does not currently allow plaintiffs to file a suit in which punitive damages are the only damages listed on the petition.
A Final Thought
While the information above should have given you a much better idea of whether or not your case qualifies for compensation, the final decision regarding the merit of your case should always be made by a qualified personal injury lawyer. The good news is, most of these lawyers will be willing to meet with you to discuss your case at absolutely no charge. Contact a firm like The Law Offices of Stanley Pasternak to get started.Share