Your recovery may depend on knowing the cause of your own fall injury

A fall can happen to anyone, anywhere, and for what seems like any reason. While the potential details of fall accidents may seem almost infinite, the real causes of falls often occur for just a few reasons.

You Need to Know What Caused Your Fall

In order to recover damages after a fall accident, you are going to have to prove that the property owner or manager was negligent. In other words, you are going to have to prove that the property owner or manager knew or should have known about the condition that caused you to fall.

Before you can do that, however, you are going to have to know why you fell and you are going to need to be able to present evidence to prove it.

Common Causes of Fall Accidents

Often, Wisconsin fall accidents occur because…

  • Snow and ice have accumulated. Specific local ordinances and unique factors about how and where the snow or ice accumulated will impact your potential recovery. It is important to know whether the icy conditions were caused by weather conditions or unnatural accumulations, for example.
  • Property owners have failed to maintain their properties. The failure to fix what is broken, to clean what is dirty or slippery, or to warn people of a potentially dangerous condition before it can be fixed can result in dangerous slip or trip and fall accidents.
  • There was a design defect on the property. Sometimes a property may be dangerous from the time it was built. This can occur if not enough lighting was installed, if the building was not constructed in accordance with the local building code, if the drainage is insufficient, or if there is another dangerous condition caused by the design of the property.

You will need to convince the insurance company or the court that you fell because of the property owner’s or property manager’s negligence. The evidence that you present to support your argument will depend on many factors including why you fell, how badly you were hurt, and where you were hurt. Some of the evidence that may be available includes:

  • Photographs.
  • Surveillance video.
  • Witness testimony.
  • Maintenance records.
  • Design plans.
  • Medical records.

Many cases do not have all of these different types of evidence available, so you shouldn’t worry if you are missing some of the evidence described above. However, you should take action as soon as possible to protect your recovery.

What to Do to Protect Your Recovery After a Fall Accident

You may not know the cause of your fall immediately after your accident—and that’s okay. Instead, you knew you were hurt and you got the immediate medical attention that you needed. Then, as you recovered from your physical injuries, you considered your options.

If you think that you fell for one of the reasons described above—or for any reason that was not primarily your fault—then you should contact an experienced slip and fall injury lawyer in Wisconsin. An attorney can investigate what happened and gather evidence to prove the cause of your fall and the cause of your injuries. An attorney can also:

  • Make sure that your legal rights are protected by ensuring that all legal deadlines are met. This includes making sure that a complaint is filed in court to formally begin a lawsuit before the statute of limitations expires.
  • Negotiate with the insurance company on your behalf. Once you are represented by counsel, the insurance adjuster should be communicating with your lawyer and not with you.
  • Help you understand what your case is really worth and what you can realistically expect to recover in a settlement or lawsuit. Fair damages may include compensation for your past, current, and future medical expenses, lost income, out-of-pocket costs, pain, suffering, and other damages.

To learn more about your rights and to schedule your own free, no-obligation consultation with an experienced slip and fall lawyer, please start a live chat with us now or call us directly at 1-800-800-5678.

Jason F. Abraham
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Managing Partner, Hupy and Abraham