What Factors Can Weaken My Slip-and-Fall Case?

Categories: personal injury

Woman fallen on staircase

Experienced Lawyers Helping Slip and Fall Victims Across Wisconsin

When you get injured in a fall, it is easy to start questioning yourself. Should I have noticed the spill on the floor? Could I have braced myself to avoid an injury? While it is natural to ask yourself these sorts of questions, it is critical that you not let them interfere with protecting your legal rights. You may have suffered significant losses, and you will need to stand up for your rights in order to win the money that you need to make a full recovery.

Equally important, there are a number of common mistakes that you need to avoid as well. Even simple mistakes can potentially affect your claim for compensation, and if you do something you shouldn’t (or fail to do something you should), you could unknowingly make it more difficult to pursue your claim.

For example, here are four common factors that can potentially weaken a slip-and-fall case:

1. Lack of Evidence

As the plaintiff in your case, you carry the burden of proving that someone else is responsible for your injuries. In other words, in order to win, you will need evidence on your side. If there is no evidence of the cause of your injuries, you generally will not be able to pursue a claim for compensation.

2. Failing to Seek Medical Attention

Along with evidence of what caused the accident, you will also need evidence of (i) the extent of your injuries, and (ii) the link between your injuries and your fall. If you do not see a doctor, you will not have the information you need in order to pursue a claim for maximum compensation.

3. Talking About the Accident

Once you file a claim, the premises owner’s insurance company and defense lawyers will conduct an investigation. Someone from the insurance company may even reach out to you directly. If you talk to the insurance company without legal representation, or if you talk about the accident with your neighbors or online, you may end up having your own words used against you.

4. Being Partially to Blame for Your Own Injuries

Finally, under Wisconsin law, your claim for compensation can be impacted if it is legally determined that you were partially to blame for your own injuries. The rule in Wisconsin is that your financial recovery can be reduced by your percentage of fault up to 50 percent; if you were 51 percent at fault, then you can be barred from securing financial compensation entirely.

However, at this point, you do not want to make any assumptions about who is to blame in your slip-and-fall case. Determining legal fault is extremely complicated, and it requires both a thorough factual investigation and critical legal analysis. If you slipped and fell on someone else’s property, you should speak with an attorney so that you can make an informed decision about protecting your legal rights.

Disclaimer: This Article Is Not Legal Advice.

Never rely on an article for legal advice as the law frequently changes, information may not be accurate, there may be exceptions to a rule, and reliance may be detrimental. Always consult one of our experienced attorneys for competent, current, and accurate legal advice.

Speak with a Wausau, WI Personal Injury Attorney about Your Slip-and-Fall Case

For more information about how to protect your claim for compensation after a slip-and-fall accident, contact the Wausau, WI law offices of Crooks, Low & Connell, S.C. for a free consultation. To speak with an experienced personal injury attorney in confidence, call (715) 842-2291 or tell us what happened online now.