Leading Accident Lawyers Southern Illinois Explains Ways To Prove Liability In Slip And Fall Cases

By William Allen


Proving a personal injury case is not always easy. This is more so the case when you need to table evidence that shows that a defendant is indeed to blame. In case of a slip and fall case, it will be necessary for the plaintiff to justify that the conditions were without debate dangerous and no warnings were given. Irrespective of how complex or straightforward your case may seem, the need to work with an attorney should not be underestimated. If you need find top rated accident lawyers Southern Illinois is a good place to begin your research.

There are various sure ways of proving liability. To begin with, your attorney could work on showing that the conditions were dangerous and this is what posed the risk of harm to a plaintiff. Evidence in the form of physical features can be tabled. In this case, the lawyer will argue on the basis that the defendant knew or ought to have known about the hazard posed by the highlighted feature.

The owners of properties are bestowed the duty of preventing unreasonable risk of harm to the people who occupy a building. Determining what can practically constitute to unreasonable risk of harm is often the greatest challenge. Keep in mind that the courts could observe practical limits in case a specific defect is minor and the cost of correcting it is not economical.

If a particular issue cannot be fixed economically, then a constructive or actual notice should be issued. This will ensure that the occupants of a building know about the risks they could face when walking around certain areas. In case no notice is issued, then the defendant can be accused of being negligent.

Liability can also be proved through breach. This happens when a hazard discovered by the defendant or one that should have been discovered fails to be corrected. This would mean that the duty of care was breached and the defendant is out rightly responsible for an accident.

Your attorney will need to show causation by linking an accident to the defendants breach of duty. If this is not done, then the chances of your case prevailing will be minimal. The main task in this part of the process would be to establish that the highlighted hazard caused particular injuries. When the case is successful, the plaintiff will be entitled to compensation for the damages suffered.

There are three types of damages that can be compensated. They include special damages that cause loss of income and accumulation of medical expenses. There are also general damages that cause pain and suffering. Then again, there are punitive damages that punish the defendant for willingly leaving a dangerous condition unaddressed causing a preventable accident.

One of the most important things that an attorney will do is to establish the value of your injuries. This can be done by considering the medical expenses incurred as well as the nature of suffering that you go through. It takes having a competent lawyer in your corner for you to get every dime of the compensation that you deserve.




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