What you need to know about slip and fall cases in Ontario
Do I have a case?
Before a personal injury lawyer takes on the case, he/she must review the chain of events following the slip and fall accident to determine if it’s worth moving forward with recovering compensation. Part of the initial investigation will involve reviewing the injured person’s statement as well as any witness statements involved in the case. The lawyer may then advise the victim to pursue compensation by either negotiating a settlement or taking the case to trial and wait for a court verdict.
Investigating a slip and fall claim
This is one of the most crucial steps in any personal injury case. The first investigations can set tone for the claim. If a good job is not done initially, you may lose important evidence that could have increased your chances of success. That’s why it’s extremely important to find an experienced slip and fall accident lawyer from the beginning.
A good lawyer will review the case with the client without leaving any stones unturned. Before filing the suit, the lawyer will gather all medical records to prove the severity of the injuries and take time to review all the other facts of the case. The lawyer will work with investigators to collect additional evidence including incident reports from the slip and fall situation. Other documents that could be requested by the lawyer include the photographs of the scene, before and after the accident.
Most slip and fall cases end up settled outside the courtroom. This often occurs when the owner or manager of the property agrees to resolve the case amicably without going for trial. In this case, working with a good lawyer ensures you get a favourable outcome from the settlement. However, if your lawyer believes that he/she has a strong case and the property owner is not providing a reasonable compensation, you may be advised to move the case to trial.
Slip and fall cases that go to trial
When settling out of court is not an option, taking the case to trial could be the only chance you have to recover compensation. Expect a case once taken to trial to be time-consuming and often complex. On the upside, should you win the case at trial, you may end up getting compensated at a much higher level than what the defendant was offering in the first place. Even though the insurance company may file an appeal when you win at trial, in often cases they simply pay the amount that is ordered by the court.