When filing slip and fall accident claims, you must understand how the laws in your state relate to this type of accident. These laws include Statute of limitations, Comparative fault, and Non-economic damages. You will also need to be aware of the different aspects of your case, such as how to deal with the insurance adjuster. Listed below are some tips to help you make the best claim for your injuries. Read on to learn how to file a slip and fall accident claim.
Comparative fault
In a slip and fall accident claim, a person may be held partly responsible for the incident. In order to determine whether a person is partially to blame, a court will assess the negligence of both the property owner and the accident victim. The negligence of a property owner will likely be lower than that of a person injured on its property. This is especially true when several people were responsible for causing the accident.
In a slip and fall accident claim, the plaintiff can recover personal damages for their injuries. These can help victims pay medical bills and lost wages. Unfortunately, slip and fall accidents are one of the hardest types of accident cases to win. One of the most common obstacles to recovering assets is the concept of comparative fault. This concept states that the plaintiff’s fault in causing the accident should be considered in determining how much the accident will reduce the damages.
Statute of limitations
If you suffer a slip and fall accident, you have a limited amount of time to file a lawsuit. Generally, you have two years from the date of the incident to file a lawsuit. However, there are exceptions to this rule. You should contact a skilled Pennsylvania slip and fall attorney as soon as possible to ensure you have the best chance of winning your case. A slip and fall accident attorney will be able to guide you through the complexities of filing a claim and will only charge you if they win your lawsuit.
The time you have to file a slip and fall accident claim depends on whether you fell on a private or public property. Most claims are time-barred, but in some cases, you can extend this time. For instance, if you slipped on ice and then fell on wet concrete, you may be able to file a claim against the property owner if you filed a Notice of Claim within 90 days of the fall. If you wait longer, however, it will be harder to prove that the slip and fall accident caused your injury. This is why you should file your claim as soon as possible. The sooner you file a claim, the better, as you have a better chance of complying with the statute of limitations and receiving the compensation you deserve.
Non-economic damages
The jury assigns a daily value to non-economic damages. The value depends on the severity of the injuries and the extent to which they affected the plaintiff’s quality of life. If the injury has caused more than a few days of pain or discomfort, the jury may award $15,000 in non-economic damages. The claimant should provide medical records, including any pain medication prescribed. It is also a good idea to keep a diary to document any mental or emotional effects.
In slip and fall accident claims, non-economic damages are compensation for a person’s injuries, but they are not always monetary. Oftentimes, a person may be injured due to someone else’s negligence, and these damages are not accounted for in the insurance company’s calculations. The non-economic damages are awarded for pain, suffering, and emotional distress. Because they are subjective, it can be difficult to convince insurance companies to pay.
Insurance adjuster negotiations
When negotiating with an insurance adjuster for a slip and fall accident claim, your strategy is to emphasize the strong points of your claim. While you don’t want to go overboard, you should highlight the pain and suffering you have suffered, the costs you’ve incurred for medical treatment, and the long-term physical effects of your injuries. This is a great opportunity to demonstrate your negotiating skills.
While it’s tempting to give in to an insurance adjuster’s demands, don’t let yourself be pressured into doing so. While insurance adjusters will be very pushy, you shouldn’t give them your personal information unless you have to. This includes your name, address, and income. While this may seem tempting, not disclosing too much about yourself could affect the outcome of the case.