An incident of slip and fall at the supermarket can result in limb injury, fracture or temporary disability due to the impact. The intensity of the impact could be higher if the place of fall is located in the upper floors of the market. In such instances the injured can file a lawsuit against the premises owner for negligence. The injured need not even know the exact cause of the fall, but he has to be sure of the injury being caused within the supermarket premises. As a first step, he has to file a complaint with the nearest law enforcement authority. This can help in consolidating the case. Then he has to go for immediate medical attention. He needs to follow the prescriptions for medications and treatment recommended by the doctor. Meanwhile has to contact his lawyer and place a request for taking up his case.
The New York personal injury law firm has specialized in solving some of the most complex cases of slip and fall injury. One of the lawyers from here can take up the case and start the process of initial investigations.
Role of Evidences and Witnesses
- If the lawyer is able to reach the spot within 24 hours of the incident, he will be able to collect substantial evidence. This can happen if the police have sealed off the incident spot and prevented any trespassing. The first step is to take the evidences related to forensic investigations. The report from the police will also help in consolidating the forensic reports.
- The lawyer takes photographs of the location and the injuries sustained by the plaintiff. Any uneven or slippery surface, presence of wax paper or other slippery material or deposition of moisture, growth of algae or other risks are assessed. Poor maintenance could also be responsible for risky conditions to be created, which led to the fall.
- Interviewing the probable witnesses at the accident spot can also provide many useful information and evidence. The investigating lawyer may list out the potential witnesses and take their consent to provide testimonial in the court of law.
Negotiations with the Defendant
The lawyer may opt for negotiations with the premises owner for amicable settlement of the compensation. This step is taken to reduce the burden of legal hassles for both the parties. With his communication and convincing skills he may be able to persuade the defendant for the compensation payment. If the negotiations are fruitful, the plaintiff gets the compensation.
Lawsuit Filing and Trials
If the negotiations fail, the lawyer files the lawsuit at the local court. The magistrate takes up the case and sends summons to the premises owner. He may choose to hire a lawyer for defending his case in the court of law. This might lead to trials of the case based on schedule allocated by the court. After arguments, presentation of evidences and testimonials from witnesses, the judge may rule the case in favor of the plaintiff. Now he is able to get the proper value of compensation from the premises owner.