Cherry Hill Slip and Fall ClaimsRequest a Free Consultation
A slip and fall claim in Cherry Hill can be a lot smoother with the help of a qualified attorney. The first thing lawyers do when they get contacted is send a spoliation of evidence letter to the defendant property owner. That not only notifies them of a potential claim and lets them know that they represent the injured party, but the spoliation of evidence letter requires them to preserve any and all evidence that they have, whether it is photographs, video surveillance, or incident reports.
The next step in the claims process is to put the other party on notice. Lawyers make them preserve the evidence and then need to prove what the dangerous condition was and whether or not the defendant had notice of that dangerous condition. Depending on the injuries, the medical treatment, and the medical bills, lawyers put together a demand making a claim. They negotiate to determine what is fair in light of the person’s injuries and economic losses to resolve it amicably. If not, a lawsuit may need to be filed. It does not mean that a trial is going to happen, but it does mean that the person has to go through litigation to prove their case. To learn more about this process, contact a professional Cherry Hill slip and fall lawyer.
What to Share with a Slip and Fall Lawyer
Lawyers need to know what the dangerous condition was that caused that person to fall. They can ask, “Why were you there? What was the purpose being at this property? Was it a store?” Lawyers need to know why that person was there, what was the dangerous condition that caused that person to fall, and what were the person’s injuries as a result. They also need the evidence that the plaintiff should gather from the accident, if they can, including any photograph of the dangerous condition or any knowledge as to how this dangerous condition was formed. Those things are important in filing a Cherry Hill slip and fall claim.
Questions Lawyer Will Ask
Some lawyers send a demand letter to the defendant until the person has a good understanding of a person’s injuries, their entire medical picture, their medical treatment, and most importantly, their prognosis. Are they going to bet better? Are they going to stay the same? Are they going to get worse? Lawyers want to know all of that before they draft a demand letter.
Drafting a Demand Letter
When they do draft a demand letter, they include everything they know about the liability picture, such as the dangerous condition, the notice, and any photographs. Then they draft about the person’s injuries, their medical treatment, and their prognosis. They are also going to include any economic damages, such as medical bills, medical liens, lost wages, and out of pocket expenses. All of those things are going to go into the demand letter. That demand letter is sent to the insurance company for the property owner. Some commercial properties are self-insured, but most have an insurance company, so this demand letter would be presented to them.
The purpose of the demand letter is to try to resolve the Cherry Hill slip and fall claim without having to go to litigation. Some cases settle before litigation, others do not. This demand letter gives the insurance company the opportunity to accept responsibility, resolve this case amicably, and do what is right to make the individual whole. If they do not make an offer or a fair offer, lawyers are going to have to do is file a lawsuit and start litigation.
What the Plaintiff Must Prove
The plaintiff must prove few different elements in a Cherry Hill slip and fall claim. One is the status of the person on that property, which determines the duty of care that was owed. Two is the dangerous condition. Three is whether the defendant had notice of that dangerous condition, either actual or constructive. Then there are the injuries caused by the fall on this dangerous condition and the damages, which are both economic and non-economic. Non-economic means the pain, suffering, and effect on the person’s life. The economic damages are medical bills, lost wages, and medical liens. Lawyers need to prove that all of those elements were causally related to this dangerous condition and to this fall.
Defense to Argue Against Slip and Fall Claims
One common defense is that there was no dangerous condition. Another one is that the person should have seen the dangerous condition or that that the defendant did not have notice, either actual or constructive, of a dangerous condition so there was nothing they could do. Another one is that even if lawyers are able to prove those other defenses the defendants will try to argue that the injuries are not related to this fall. They will try to say that the injuries are related to pre-existing history and to degenerative changes. They try to argue both liability and damages and hope something sticks. Talk to an attorney if you have concerns about a slip and fall claim in Cherry Hill.