Comparative negligence is a legal theory that says that if you are partially responsible for causing your injuries, then your recovery should be reduced by the amount that is proportionate to your share of fault. For example, if you were the victim of a slip and fall at a supermarket and it was determined that you were 20% responsible for the slip and fall and the grocery store was responsible for the 80%, your recovery, whatever it may be, would be 80% of the total that’s awarded. In that way, your recovery is reduced by 20%, which is equal to your share of fault.
How Long Could a Slip and Fall Case Potentially Last?
It depends on how quickly the matter may be resolved; there are different factors that go into the speed of the resolution of a case. For instance, we wait for our client to receive all the medical treatment that they need before resolving a case. The longer that their treatment takes, the longer it would take for us to resolve the case.
Once our client has recovered from their injuries, the negotiation process begins. That process may be quick or it may take months in order to reach some sort of a settlement. Finally, even if you are attempting to negotiate a settlement, the negotiations aren’t always successful. In those cases, then we would look to filing a lawsuit and depending on the courts and how soon they can hear the matter, the trial may be sooner or later and that could also be a factor into how quickly the case is resolved as well.
Can the Process be Expedited by an Attorney?
A few things that you can do in order to help the process along are: One thing is to listen to your doctors’ recommendations and go through the medical treatment that is recommended. That way you make a speedy recovery. Once the recovery process has been completed, then it’s a matter of keeping the lines of communications open with your attorney, so that you are aware as to what’s going on and you’re part of the negotiations process.
Another thing to be sure to do is to be upfront with your attorney as to what happened and what you are seeking in terms of your damages. If you’re seeking a large amount of compensation but it’s not justified by the injury and the accidents, it’s going to make things very difficult to try to resolve quickly. So, in other words, you want to keep your expectations in check.
Would it Help My Case if I Had Pictures of My Injuries?
Pictures do help your case. A lot of people they like to see things on a screen. Seeing the injury is going to have a very large impact, it’s not open to their imagination or their interpretation of a person’s testimony. It’s pretty clear from the pictures in some cases as to what the injuries are, so definitely, if you have pictures, it’s going to be more helpful than harmful to your case.
What Are Common Client Concerns After a Slip and Fall Injury?
When people come in, they are confused about the entire process. They are not sure what’s going to happen or what needs to happen in order to process the claim correctly. They are not sure how much they are going to be compensated for their injuries or how that compensation is determined. It’s because of this that they really should consider having an attorney handle the matter on their behalf. An attorney is going to be able to guide them through the entire process, so that they don’t have to learn the law on their own and as they go.
What Are Typically the Worst Injuries that You See in A Slip and Fall Accident?
The injuries that can result from a slip and fall will vary. It’s just going to depend on the mechanics of how the accident happened as to what injuries would be sustained. Injuries that are more severe would include fractures, the need for hip replacements, or cervical fusion in some cases, but it’s really going to depend on the mechanics of the accident. Some injuries are going to affect certain people in a larger way than others. It’s all really relative to the accident and the individual.
Do People Become Discouraged When Pursuing a Slip and Falls Case?
People who experience this hesitation, nervousness, or concern often are the people who are representing themselves. These are pro se or self-represented plaintiffs. Often, their concern stems from their confusion as to the legal process, their inexperience in handling the procedural rules in a courtroom and in their litigation of the case and as a result, they make some minor mistakes that could have been addressed and avoided if they had legal representation.
Assuming that they were represented by competent counsel who has handled premises liability, it would be uncommon to find these victims of slip and falls to have these looks of concern on their faces.
For more information on Comparative Negligence, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (714) 697-8600 today.