Slip-and-fall accidents in public places can be humiliating and painful. Cracks in sidewalks, wet floors, and uneven ground are fall hazards that should be addressed by property owners or managers.
Some people may not realize how common fall accidents are in Alberta, Canada. According to the Canadian Institute for Health Information, unintentional falls are among Canada’s most common causes of hospitalizations. These falls represented around 52 percent of all injury-related emergency room visits from 2016 to 2017.
If you slipped or fell recently, you might be suffering from serious injuries and having to deal with financial difficulties. This can be a stressful ordeal, but you don’t have to go through it alone. Understanding your legal rights in a fall accident case is crucial to protecting your interests and securing the compensation you deserve.
What Are the Long-Term Effects of Slip-and-Fall Accidents?
Slip-and-fall accidents often result in injuries like cuts, bruises, broken bones, or even head trauma.
A few examples of injuries and how a fall can affect your life include:
- Long-term pain and suffering
- Inability to participate in favorite activities
- Financial strain due to medical bills and lost wages
- Reduced independence due to the need for assistive devices like crutches
Don’t let these overwhelming circumstances force you to fall through the cracks, falling out of the legal system. If your fall was the result of someone’s negligence, you may be eligible for compensation through legal action.
How Are Slip and Fall Cases Handled in Alberta?
In most people of Alberta, slip and fall cases are classified under premises liability law. Property owners have a legal obligation to ensure their premises are safe for visitors.
This applies to residential property owners, business owners, and city governments. When filing a slip and fall claim for compensation, you need to establish liability.
To establish liability, you must prove:
- Duty of care: The property owner had a duty to keep the area safe
- Breach of duty: The owner failed to meet this duty
- Causation: This breach directly caused your injury
- Damages: You suffered actual harm or loss as a result
A premises liability lawyer can help you file your claim and get evidence to prove negligence on the part of the property owner. It is always wise to schedule a free case review with an experienced lawyer to get personalized advice for your unique claim.
What Steps Should I Take to File a Slip and Fall Claim?
Once you have decided to take legal action, several steps should be considered. Skipping these can lead to a major loss in compensation for injured victims.
Step 1: Educate yourself on local personal injury law
If you have been involved in a slip and fall case, getting compensation is not always straightforward. It is important to understand the laws that govern slip-and-fall accidents and help determine compensation. Two examples of such laws are the statute of limitations and the negligence law.
Statute of limitations
In Alberta, the statute of limitations for personal injury claims is generally 2 years from the date of the accident. This means you have limited time to file your claim.
Be sure to consult a premises liability lawyer as soon as possible. This will not only ensure your case is filed within the legal timeframe but also means that you remain eligible for compensation.
Contributory negligence
Alberta follows a contributory negligence system. This means if you are found partially at fault for your accident, your compensation may be reduced accordingly.
For example, if you are deemed 20 percent responsible for your fall, you may only receive 80 percent of the cost of the awarded damages.
The negligent party and their legal team may try to push part of the blame on you. Some allegations that may be made against you include:
- Not paying attention to your surroundings
- Wearing inappropriate footwear for the conditions
- Ignoring warning signs or barriers
An experienced personal injury lawyer can help counter these arguments and maximize your compensation. Don’t let your case fall through the cracks due to unfair blame.
Step 2: Consult a premises liability lawyer
A premises liability lawyer can do the following on your behalf:
- Assess your case
- Gather evidence
- Calculate damages for current and future losses
- File all necessary documents on time
- Negotiate with insurers
- Maximize compensation
Slip-and-fall accident lawyers understand the intricacies of Alberta’s personal injury laws. They can use years of experience to provide invaluable guidance.
Step 3: Attend settlement negotiations with your lawyer
Most slip and fall cases can be settled out of court. Your lawyer will negotiate with the property owner’s insurance company to secure a fair settlement. However, dealing with insurance companies can be quite challenging. They may try to minimize your claim or shift blame onto you.
Having a lawyer can level the playing field and ensure your rights are protected throughout the claims process. Don’t let coverage of your case fall through the cracks due to insurance company tactics.
Step 4: File a personal injury lawsuit
When all else fails, take it to court. If a fair settlement is not reached, you may need to file a lawsuit. Your slip-and-fall accident lawyer will handle the legal proceedings, from filing the complaint to representing you in court. Your attorney will do his or her best to ensure that the negligent party is held liable and you receive the compensation you deserve.
Talk to an Experienced Slip and Fall Attorney Today
Dealing with a slip and fall claim can be complex and overwhelming, especially when you are dealing with injuries, treatment, and recovery. Having an experienced lawyer on your side can make a significant difference in the outcome and success of your case.
At Grover Law Firm, we understand the challenges you are facing. Our practice has extensive experience in handling slip and fall cases in the City of Calgary and throughout Alberta. We are committed to fighting for your rights and helping you secure the compensation you deserve.
Don’t let your case fall through the cracks. If you have been injured in a fall accident, contact us today to schedule a free consultation. Remember, you don’t have to stand alone in this battle. With the right legal support, we hope you and your family can navigate these challenging circumstances and work towards a successful outcome.