Filing a Personal Injury Claim After a Slip and Fall
Every day, people involved in slip and fall accidents choose not to take action. Some may feel as if their case isn’t severe enough, or that the filing process can be intimidating.
However, with a simple look at their situation and a consultation with an attorney, these people may have been eligible to receive compensation for their pain and suffering.
With a little digging, you may find that you are eligible too.
If you were recently injured after slipping and falling at a restaurant, continue below to see if speaking with an attorney may be right for you.
Personal Injury Claims
The first step is to define what “personal injury” means in legal terms. Personal injury is defined as any harm that comes to an individual because of the negligence of someone else.
Negligence refers to the inability of another person to notice or fix the problem that caused the accident.
When an injured person files a personal injury claim, it is their goal to prove the defendant’s negligence and responsibility for the accident.
So, how do you prove negligence? While it varies from case to case, there are a few key points to keep in mind.
Looking at Your Case
In your slip and fall case, there are three questions to ask yourself about the situation:
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What caused the accident?
Restaurants can contain any number of hazards, from broken stairs and torn carpeting to slippery floors and spilled food.
Any hazard that has been present for a long time and/or is very apparent (such as a broken stair or large puddle) may show more negligence on part of the restaurant.
- Could the restaurant have prevented it?
The more opportunity the restaurant had to address the problem (prior complaints, broken machines, etc.) the easier it is to prove negligence.
However, if the accident was sudden and would have been reasonably difficult to prevent (for example, a sudden leak from a trash can), it may be harder to prove negligence.
- Could you have prevented it?
Texting while walking, spilling food yourself, or failing to follow restaurant regulations are all events that could have hindered you from avoiding the hazard yourself.
These potentially make it harder to prove negligence on the restaurant's part, but do not necessarily invalidate your case.
Contacting an Attorney
If you are considering filing a claim against a restaurant or eatery, you may want to take a look at our page about filing a claim against the company:
How to File a Personal Injury Claim Against Denny’s
Even if you are hesitant about whether you qualify, the best way to know for sure is through a consultation with a personal injury attorney.
If you are interested in seeking compensation for your slip and fall, contact an attorney today.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Denny's, you may not be entitled to any compensation.
