Things to Prove to Win fall down injury lawsuit in 2024
A broken sidewalk, wet stairs, or a slippery floor are some of the causes of serious injuries that leave you with a lifetime of medical expenses and other costs. However, filing a fall down injury lawsuit will help you recover the losses and damages to move forward.
Causes of fall down injury
- Broken or uneven sidewalks.
- Debris or clutter on floors.
- Lack of handrails.
- Loose cords and electrical wires.
- A Loose floor mats.
- Loose or broken floorboards or steps.
- Wrongly fitting or slippery footwear.
- Poor lighting.
- Poorly constructed stairs.
- Potholes in parking lots.
- Waxed or freshly mopped floor surfaces.
- Weather conditions that cause ice, snow, or rain collection on walking surfaces.
- Wetness or moisture.
- Worn or torn carpeting.
Different types of fall down injuries
1. Broken bones:
It limits your ability to work, drive, or continue your normal daily activities. It heals with medical treatments that involve expensive surgeries.
2. Cuts or lacerations:
sometimes, a cut is superficial and needs only a bandage or some stitches. However, in some cases, it could be a marker of a deeper injury like a broken bone.
3. Head injuries:
it can be anything from a minor bruise or mild concussion to a traumatic brain injury or even death.
4. Spinal cord injuries:
It occurs when your spinal cord is compressed or severed. It can be a life-threatening injury caused by a slip and fall.
Damages to recover from a fall down lawsuit
In a fall down injury lawsuit, you can get compensation for the following damages.
- The assistive device, such as hearing aids, wheelchairs, prosthetics, and more.
- Emotional distress, including pain and suffering.
- Funeral expenses, if you lost a family member to a fall down accident.
- If your disability requires modification to your home or vehicle.
- Loss of consortium.
- Lost wages or future earning capacity.
- Medical treatment, such as prescription medication, diagnostic testing like MRI, x-rays CT scans, doctor’s visits, surgeries, and more.
- Ongoing physical or occupational therapies.
- Punitive damages.
Who is liable for a fall down accident?
Most fall down accidents fall under the personal injury law category of premises liability. However, to take fall down injury lawsuit legal action against the property owner, the accident must have been reasonably foreseeable.
Foreseeability is the standard used to explain whether the average person would have known or anticipated the possibility of the accident happening.
Nevertheless, if there is any condition on the property that can’t be maintained safely, the owner must warn regarding the condition.
How to prove liability after a fall down accident?
For a successful fall down claim, you need to prove the defendant was liable. There are three ways to determine liability for a fall down accident:
- The owner or an employee of the property caused the condition that led to a fall.
- Owner or an employee knew the surface was dangerous but did nothing to fix it. Moreover, he does not inform the visitors about the danger.
- The owner or an employee knows the surface was dangerous because it has been repaired earlier.
If you want a lawyer who cares about you and the outcome of your fall down injury lawsuit, choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through.
