As a potential plaintiff in a slip and fall case, there are likely thousands of questions that you have. Below we have answered a few of the most common that people have.
What must I prove as the Plaintiff?
As a plaintiff you bear the burden of proof by a preponderance of evidence. This is a legal term that simply means “more likely than not.” Typically, the most common theory of liability in a slip and fall claim is that the owner of the property knew or should have known of a dangerous condition that lead to your injury. In other words, you as the plaintiff must prove that more likely than not, that the owner knew of a dangerous condition, should have known of the dangerous condition, or caused the dangerous condition that lead to the slip and fall.
Who do I sue in a slip and fall?
This is entirely based on where the incident took place. If the fall occurred in someone’s home then you would sue the homeowner, if you fell in a business, then the business owner would be who the suit was filed against, and if the incident occurred on a sidewalk or some sort of government owned/operated location, then your local municipality would potentially be liable.
What do I do if I don’t want to sue someone personally?
This happens frequently. People do not want to sue someone personally when a slip and fall occurs at a home. However, it is pertinent to remember that you are not suing the individual but their homeowner’s insurance which typically has a personal liability coverage which would cover damages in these types of claims. Your friend’s insurance will cover any lost wages, medical expenses, or pain and suffering without having a direct impact on your friend and hopefully your relationship.
I’m worried about attorney’s fees. What sort of fee will I be expected to make?
Typically, as a plaintiff you will not have to pay anything up front. The only time that you will have to pay is if you win. If you are victorious in your suit, then your attorney will take a percentage of your settlement.
What are the benefits to speaking with an attorney?
Speaking with an attorney is the most important preliminary step to determine the validity and weaknesses of your case. An experienced attorney will be able to assist you in filing your claim as well as creating a game plan for you to ensure you receive the maximum benefit.
If you think you were harmed by the negligence of another person, talk to one of our New Orleans personal injury attorneys about your case.