Icy weather can be especially precarious, causing numerous falls and serious injuries. If you’ve suffered a slip and fall accident due to ice, then one of your to concerns may be whether you’re eligible to file an injury and lawsuit. The presence of ice can be a complicating factor in slip and fall lawsuits, which means you need to examine all the issues involved very closely before you consider filing a suit.
While it can sometimes be difficult, filing an injury lawsuit after you’ve slipped on ice can be the best way to recover from your injuries.
Was There Precipitation When You Fell?
A complicating factor that you might not be aware of in your injury lawsuit is whether there was precipitation at the time of your accident. When ice is falling, it is impossible to prevent accumulation and slippery conditions, which means that any fall that occurs during precipitation may not be eligible for a personal injury lawsuit.
Following your accident, it’s important that you make a note of the weather conditions that were taking place during your fall. Proving that your accident took place during normal conditions and that the presence of ice was a result of negligence, will help you to win your suit and your compensation.
Where Did Your Fall Take Place?
If your slip and fall accident has taken place on private property, then there are a number of factors to consider in the case. First and foremost, you must prove that the property owner was directly responsible for your fall. While this can be easier with smaller businesses, it can be difficult if your fall took place at a big box store.
Large stores often have insurance policies and contracts with independent ice removal services that help to protect them from slip and fall injury lawsuits and can also limit the final amount of your potential payout. The location of your file will help you to know whether you can file an injury lawsuit and if pursuing legal action is worth your time.
Evidence You’ll Need to Prove Your Case
If you’ve decided to file a personal injury suit after you’ve slipped on ice, your first and most important step will be to gather evidence for your case. Without the right evidence, you will have very little chance of winning your suit and getting the compensation that you deserve.
Primarily, you should fully document the scene of your accident by taking as many pictures and videos as possible, making sure to record the icy spots that caused your fall. Secondly, if there were witnesses, gather as many witness statements as you can. Finally, any official documents, such as medical records, can be invaluable when your case goes to trial.
Get Legal Help with Your Injury Lawsuit
Slip and fall accidents, particularly those involving ice, can be both emotionally and physically harmful, which means you need the right compensation to support your recovery. For advice on how to file and handle your injury lawsuit, you should work with the legal team at the McMahan Law Firm. Our slip and fall attorneys can help you try your slip and fall case so that you can focus on the most important issue: Your recovery. Contact us today for more information.