Tripping and falling accidents can often lead to severe injuries, such as broken bones or traumatic brain injuries. As a result, it is crucial that an injured person is properly compensated for their losses with the aid of a seasoned slip and fall attorney. If they cannot come to a settlement agreement, it is still possible to win compensation through a Manchester slip and fall lawsuit.
When Will a Slip and Fall Claim Turn into a Lawsuit?
Many claims are resolved through a settlement without ever having to go to trial. In cases where the two sides cannot come to an agreement, the lawsuit will be resolved through a court case. The process begins with a lawyer drafting a summons and complaint to serve on the defendant, which they must file (with a fee) in the proper court.
The defendant can be the landowner and/or anybody responsible for maintaining the property, such as a snow removal company. Slip and fall lawsuits originating in Manchester are typically heard in Hartford or the Vernon Rockville judicial branch.
The Role of the Plaintiff
The injured individual can prepare for a lawsuit by understanding that the process will take anywhere from 12 to 24 months to resolve. Sometimes they can resolve sooner but there will be a lot of time during which the parties are trading information and taking depositions. The age of the injured party could have an impact on a case, especially if a child is involved. A child is held to a reasonable-child standard, whereas adults are held to a reasonable-person standard.
The Role of the Attorney
An attorney could establish liability by proving that the defendant was in charge of the land at the time of the fall, either owning it or contractually maintaining it. Commercial property owners are common defendants in local slip and fall lawsuits, particularly in retail areas like the Buckland Hills mall and Main Street.
Liability is established through the testimony of the plaintiff, defendant, and witnesses. There might be expert witnesses who can testify to the weather at the time, or to the mechanics of how a defect occurs.
Evidence in Slip and Fall Lawsuits
A lawyer could look for any physical evidence by making sure that they get an expert out to the scene as soon as possible to inspect the property. Using objective standards set by the city, building codes, and perhaps even the Occupational Safety and Health Administration (OSHA), lawyers have to measure whether or not an owner implemented proper safety measures. Lawyers could establish liability using photographs, deposition testimony, prior evidence, the plaintiff’s testimony, and the land owner’s testimony about the conditions. Site inspections and videos can also be used to prove who was responsible for a slip and fall case.
After someone has slipped and fallen, they can try to secure any evidence from the scene, as well as witness contact information, to help them corroborate their injury claim later.
Talk with an Attorney if You Wish to File a Slip and Fall Lawsuit in Manchester
When a defendant and their insurance company are unwilling to cooperate during settlement negotiations, it is acceptable to move the case to a court setting. A Manchester slip and fall lawsuit might be the best way to recover damages for your injury. Call a lawyer today to learn more.
