Nearly everyone has experienced a slip, a trip, or a fall at some point in their life. Most of the time, slip and fall accidents are relatively minor, leaving the impacted person with a bruised bottom and perhaps a sore ego. Usually, these accidents are insignificant enough that one can even laugh about them later on. Less commonly, slip and fall accidents are more serious.
Depending on the circumstances of the accident and the person involved, a slip and fall could lead to severe injuries, including a traumatic brain injury, bone fracture injury, internal injury, soft tissue injury, back or neck injury, and more.
After being involved in a serious slip and fall accident, it can be difficult to navigate one’s rights and understand the options for recovering damages. When the slip and fall is due to the negligence or fault of a property owner, the injured party can file a claim directly against the property owner for damages. One of the best ways to prove the fault of the property owner is to identify a witness who can testify to having seen the accident or provide context related to circumstances leading up to the accident.
While witness testimony is unarguably one of the most important and useful types of evidence during a slip and fall claim, it’s not the only one. Consider the following information related to what you should know about slip and fall cases and how to prove a slip and fall accident without a witness. For help along the way, call the experienced personal injury lawyers in Schaumburg, Illinois at Claim Your Justice.
Before thinking about what to do if you don’t have a witness, it’s important to understand the basics of a slip and fall accident claim, including some of the most common causes of slip and fall accidents. Over our years representing slip and fall accident victims in Schaumburg and the surrounding areas of our state, we’ve identified the following as some of the most common causes of slip and fall accidents.
For nearly all of the above, the causes of slip and fall accidents are preventable and would not occur but for a property owner’s failure to remedy the hazard. This is important because it shows that even when the testimony of an eyewitness is not possible, common sense and case history show that the most common causes of slip and fall accidents are things that could be fixed; these types of accidents are avoidable.
Like other types of personal injury accidents, liability for a slip and fall is based on negligence — the failure to exercise the proper degree of care for the situation. For property owners, a property owner is responsible for maintaining a property in a reasonably safe condition. When a property owner breaches this duty of care and it causes another harm, the property owner can be held liable.
A property owner can be held liable for a slip and fall accident when:
These elements mirror the elements of a personal injury claim:
Having an eyewitness who can testify to the existence of the defective condition, the property owner’s knowledge of the condition, or/and your accident and how the condition caused or contributed to it, is incredibly valuable. If you don’t have a witness, the following types of evidence can also be valuable in a slip and fall claim.
When you hire the personal injury attorneys at the office of Claim Your Justice, you can count on our law firm to handle 100 percent of your case for you, including gathering all of the evidence you need and building a compelling case. As you focus on your recovery, we’ll focus on hiring experts, visiting the scene of the slip and fall accident, sending spoliation of evidence letters, talking to any witnesses (if there are any), reviewing maintenance logs, checking for video footage, calculating your damages, and more. We’ll handle filing your claim and negotiating your settlement. Throughout the entire process, you can count on us to remain available and accessible.
We know how scary being involved in a slip and fall accident is, especially when you’re not sure what your rights are or how to recover compensation. When you call our law firm, you can count on us to work hard for you. We have years of experience and a reputation for excellence.
To learn more about our Schaumburg slip and fall attorneys and the services we offer, please call us directly at 847-434-3555 or send us a message at your convenience. We offer free consultations and always work on a contingency fee basis.
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We are highly experienced personal injury lawyers. We know how to help accident victims receive the full financial compensation they deserve. Our Winning Team is focused, dedicated, and sensitive to each of our client's needs. We are here to help you 24 hours a day, 7 days a week.