If you have suffered a slip and fall accident and are
looking to pursue a claim, it may be in your best interest to seek a personal
injury lawyer. Whitby victims of personal injury accidents have long benefitted
from the presence of a lawyer during the settlement process. The presence of a
lawyer can make for a smoother negotiation process, as they are familiar with
the evidence necessary to build a strong claim against insurance providers. In
the event of a slip and fall, many victims do not take the proper steps to
secure a burden of proof that will hold up in court if the case cannot be
settled for a reasonably fair amount. If not properly informed, a victim’s
actions may jeopardize their claim, putting their settlement at risk.
In Ontario, premises liability, also known as
occupiers’
liability states the owner(s) of a property hold a duty to care for the
premises, such that they are responsible for certain injuries suffered by a
person who is lawfully present on the property.
Premises liability accidents can include wet floors, slippery walkways, falls
due to snow or icy driveways, falling objects, insufficient lighting, open
excavations and more. For premises liability to apply, the victim must fall on
the defendant’s property and be lawfully invited to the property. There must also be negligence or some other
wrongful act involved causing the accident to occur. This breach of the duty of
care makes the property owner liable for the damages incurred on his or her
property.
More often than not, the victim suffering the fall does not
intend on immediately pursuing a claim, however, due to circumstances beyond
their control and the progression of their recovery (or lack thereof), they may
be forced to pursue a damages settlement. In Ontario, plaintiffs have up to two
years to file for a personal injury lawsuit. In the event that the slip and
fall accident occurs on public property where the municipality or city is
liable for the property, the claim must be filed within seven days. Often
times, it is best for victims to contact a legal professional to advise them on
how to move forward, whether they are able to pursue a claim, and how to
accumulate the appropriate evidence and accounts of the event as the settlement
progresses.
Slip and fall accidents are unexpected and difficult to
prepare for, making it even more important that you protect your rights and
secure the necessary evidence to present proof beyond a reasonable doubt.
Hiring a personal injury lawyer from Whitby can help ease the settlement
process, protect your rights, and secure the maximum award for the damages
caused by your injury. If you or a loved one has suffered an injury as a result
of a slip and fall, hiring a law professional can help put your refocus on
returning to good health without sacrificing the validity of your damages
claim.