Accidents are a part of everyday life. We often do not connect that when we have an accident such as falling down, that the cause might not be our own. And that the reason that we have fallen might be due to someone’s negligence, mismanagement or even willful intentions.

In fact these circumstances are a lot more common than we think and they contribute to why personal injury lawsuits are the most common type in the US.

Legally, personal Injury is a term to describe certain situations where a person is injured physically, mentally or emotionally due to the negligence, mismanagement or even willful intentions of another party. There must be certain legal parameters to be met in order for a situation to be legally considered personal injury and in the event that thee parameters are met, a person (plaintiff) can both file a legal case against the person causing the injuries (the defendant), and with a good attorney and strong evidence, receive compensation for injury, pain and suffering, and loss of income and other things vital to them.

Personal injury can happen in a number of different situations, and one of the most common is called a slip or trip and fall. Here is a description of a slip or trip and fall where you might have a legal case.

Slip and Fall

A Slip-and-fall also called trip and fall happens when a person is injured while slipping or tripping and falling on property or a business that is privately or publicly owned. The slip or trip and fall can happen under nearly any circumstances but it must also include that the business or property owner was careless or negligent in allowing a dangerous situation to exist leading to the fall.

The fall must also result in injuries to the person. The most common slip and fall cases include those from a spill on a wet floor, a trip and fall on a walkway, or when a person sustains injuries from falling down stairs.

Slip and falls can occur anywhere and in any weather, although in cases involving outdoors winter weather will create more slip and fall accidents. Slip and fall legal cases are typically very complicated because they involve a long list of factors and therefore demand that a plaintiff hire an expert attorney who specializes in these types of cases. The right attorney will properly position things for the client so that he or she has the best chance of winning a financial settlement that will cover injuries and other key areas that affect the client.

Determining if There is a Slip and Fall Case

In a slip and fall case the lawyer for the plaintiff must establish certain criteria in order for the case to be considered personal injury. These criteria are strict and include:

  1. Duty of Care – Did the person or organization that caused the injury have an obligation to the victim to create and maintain an environment where the type of injury that occurred should not occur? An apartment building owner for example has the obligation to repair any broken stairs the building’s stairwell. This is called duty of care.
  2. Breach of Duty – If the person or business did not make sure that no stairs were in disrepair, and it is reasonable to expect that someone might use that stairwell, the person or organization that owns the apartment building has breached this obligation.
  3. Causation – It must be established that the broken stairs did in fact cause the injuries to the plaintiff.
  4. Damages – There must be a way to determine the amount of damages caused by the plaintiff’s injuries.

The best attorneys understand the parameters for personal injury and how to use the evidence and other means to position the plaintiff to receive the highest amount of damages for their clients. If you feel you have been the victim of personal injury, visit a reputable personal injury law firm and discuss the circumstances of your case. The might be able to get you a settlement for your injuries and rehabilitation.