I still remember my accident like it was yesterday. One minute I was driving my daughter to school and the next I was waking up in a hospital bed. It was frustrating to deal with the emotional trauma of forgetting an entire week of my life, in addition to stressing about my small child. Fortunately, we were both able to recover, but it wasn't easy walking dealing with the medical bills that accompanied the accident. I found myself struggling with things as simple as answering the phone, because I was nervous about dealing with another insurance adjuster. Fortunately, by working with a lawyer, I was able to make sense of my situation. I know that you can overcome difficult challenges too, which is why I shared my story on this website.
After being injured in a slip and fall accident, trying to determine whether or not you are entitled to compensation under current personal injury laws can be a complex process. Thankfully, taking the time to ask yourself the following three questions can help you to make this important determination.
Was Your Assumption of Risk Reasonable?
Life requires you to take risks on a daily basis in order to accomplish simple tasks, such as driving to work or even crossing the street. However, most of the risks that you take will be considered reasonable because steps have been taken to try and ensure your safety. For instance, when you put on your seat belt before driving, you are taking a step to protect yourself from the risks that come along with driving a vehicle.
When suffering an injury as the result of a slip and fall, it is important to determine whether or not your assumption of risk was reasonable. The easiest way to do this would be to ask yourself, would a reasonable person feel comfortable taking the same actions?
Did the Property Owner Have a Duty of Care?
When you own property or operate a business, you have what is known as a "duty of care." What this means is that you are simply required to maintain your property in a way that will minimize the risk of authorized visitors being injured. For instance, you will be legally responsible for ensuring that the walkway to your door is safe for passage. A failure to live up to this responsibility can result in you being held legally liable for any injuries that a person suffers on your property.
While a property owner will typically have a legal duty of care, there are exceptions to this rule. For instance, if warning signs are posted and you choose to proceed anyway, the property owner will not be held liable for your actions. The property owner will also be relieved of any duty of care if you were on their property illegally.
Did You Suffer Any Real Damages?
In order to collect compensation in any type of personal injury case, you will need to demonstrate that you suffered real damages. Real damages are defined as measurable losses, such as medical bills and lost wages.
A Final Thought
While taking the time to answer these questions can help to determine whether or not your case qualifies for compensation, it is still always best to consult with a qualified injury attorney before making any final decisions in your case.