How Can I Prove Negligence In a Slip-and-Fall Case in Philadelphia?

November 15, 2023
Slip and Fall

Table of Contents

Despite what many people think, you are not necessarily guaranteed compensation for an injury that occurs on someone else’s property. You must prove that one or more people or parties were involved in your resulting injuries, whether due to negligence or deliberate neglect. Slip-and-fall accidents are some of the most common premises liability claims. However, finding out who’s at fault and holding them accountable might take a little more work than you think.

The biggest factor involved here is proving the other party's negligence. You have to identify who is at fault, how they have impacted the situation, and what you can do to hold them accountable. Fortunately, with a personal injury lawyer on your side, you won’t have to do it alone.

What Is Negligence?

In most personal injury cases, there are two types of events: deliberate and willful neglect or action and negligence or a lack of action. Negligence is legally defined as the “failure of a party to exercise reasonable care.”

Unfortunately, that means that when you fight your claim for an injury accident, you must determine what “reasonable” care includes. This subjective aspect can make it hard to figure out what you can get for your claim, let alone whether you have a claim worth fighting for in the first place.

In a personal injury case, a plaintiff (that’s you) needs to prove that:

The defendant owed a duty of care to the victim.
That duty was breached due to negligence.
That breach caused injury.
That injury led to damages and suffering.

Once you can prove these, you will have a much better chance of winning your case. But who can you hold responsible in situations like this? Usually, the claim is filed against the property owner or the tenant who is responsible for the safe operation and use of the property. If the defendant has created a situation where negligence led to dangerous conditions, they are responsible, at least partly, for the claim you are filing.

The defendant may fail to warn people of a hazard, or they may simply not maintain the property and create a dangerous situation for visitors. Perhaps they don’t keep an eye on the property or take care of routine maintenance, which leads to a hazard that causes a fall or another type of injury.

As you can see, there is a lot of room for interpretation and maximizing your damages, depending on the specific details of your claim. It’s best to hire a dedicated personal injury lawyer like the experts at Mattiacci Law, who can help you hold the right parties accountable and get the outcome you deserve.

Common Causes of Slip-and-Fall Injuries in Philadelphia

Something as simple as errant produce at the grocery store can lead to a serious fall and injuries you might not anticipate. Some issues crop up more often than others in personal injury claims. In the case of slip-and-fall accidents, the most common culprits include:

Wet floors
Ice and snow buildup
Uneven or damaged flooring or ground
Objects or debris in walkways
Carpets that are frayed, worn, or otherwise distressed
Loose runners and rugs
Cracked pavement, sidewalks, or concrete
Loose, missing, or damaged handrails
Poor lighting
Improperly designed stairs and steps

Of course, if your fall happened due to something not on this list, you can still file a claim. This isn’t an exhaustive list but a sampling of the most common personal injury claims for slip-and-fall accidents.

How to Prove Negligence

Proof is often the hardest part of any personal injury claim. There is obvious proof of your injury, but connecting that to the property and its condition may take some work. You need multiple forms of evidence that show that you suffered injuries on account of the defendant and that the situation could have been prevented if they had taken action. Some examples of evidence that you can use to prove negligence include:

Photos or videos of the dangerous conditions or hazards
Eyewitness statements and firsthand reports
Incident reports or police reports (if filed)
Medical records
Receipts and bills for treatment or medical expenses
Notes about the accident and how it has affected your day-to-day life

Make sure you gather as much evidence as possible to support your claim. Having a personal injury lawyer who can help you collect evidence and build a rock-solid case to get the damages you deserve will benefit you.

How Much Can I Get for a Slip-and-Fall Accident in Philadelphia?

This is a common question, but it’s one without a straight answer. Every personal injury claim is different. What happens to you might be vastly less expensive (and damaging) than what happens to another person. Your lawyer can help you figure out what to expect in terms of a settlement, but typically, your damages will include things like:

Medical bills and related expenses
Lost wages and future earning potential
Emotional suffering and damages
Permanent injury or disability

You may be able to recover other damages, depending on the circumstances of your specific case, but that will vary. That’s why it’s best to have a lawyer on your side. They can help you plan and prepare for the best outcome and get more than you might anticipate as a result.

How much you are given for your accident includes things like:
How severe the injuries were
Whether any permanent damage was caused
If the injuries caused time off work or other financial loss
How much negligence or liability the property owner has based on the circumstances

This is all subjective and can vary from one case to the next. That not only makes it hard to nail down exact estimates of what personal injury claims are worth, but it also means that you’ll need a lawyer to help you maximize your claim.

Common Slip-and-Fall Injuries in Philadelphia

According to the CDC, accidents due to falls cost more than $50 billion annually. The most common injuries that create this huge expense include hip fractures, concussions and traumatic brain injury (TBI), bone breaks that limit mobility, and slipped or herniated discs in your back.

Some falls even cause serious spinal cord or spinal damage, leading to life-changing events for those involved. Those claims are the ones that will have the best odds of getting paid in full, but again, that’s only if you can prove your case. A personal injury lawyer can fight on your behalf to maximize the damages that you receive by irrefutably proving negligence.

They may also be able to advise you on future concerns and injury issues that you may want to consider in filing your claim. For example, a slipped disc could lead to future back issues, and the cost of that care adds up quickly. Then, there are the mental and emotional injuries that can occur:

Fears and phobias
Anxiety and depression
Prolonged recovery periods
Loss of interest in activities
Brain damage
Any other psychological effects

The amount of damages that you can receive is much more varied here. There is also a limit to how much you can claim for mental and emotional suffering, whereas there is no limit on the amount of physical damages you can recover for medical bills and related expenses.

But again, all of this depends on proving negligence in the first place.

Hire a Lawyer to Prove Your Slip-and-Fall Case

Something is to be said about taking advantage of personal injury lawyers when you’ve been involved in an accident. A simple fall might become something much bigger with the injuries that occur. Proving negligence also takes a dedicated effort from someone with the expertise to know what that entails.

At Mattiacci Law, we take pride in representing personal injury cases with professionalism and a keen eye for detail. That allows us to help you better prove negligence and get the settlement that you deserve for your personal injury case. When you hire a slip-and-fall attorney, you will get a free review of your case and won’t have to pay until or unless your case is won.

You also eliminate the risk of missing important details or running out of time to file your claim. Your lawyer will be able to walk you through the process so that you know what to expect. They may even help you better understand what to ask for when you seek damages for your negligence lawsuit related to a fall.

Hold the Right Parties Accountable

At Mattiacci Law, we know how important it is to hold the right people accountable for the injuries and suffering that you’ve been through after an injury. You already have to deal with the injuries, handling your day-to-day life, and more. Why add trying to learn about negligence and proving fault to the list? You’ve already got the information that you need to help you proceed. Now, all you need is an attorney to get you there.

Contact Mattiacci Law today to determine how we can represent you in your slip-and-fall accident claim. We will fight to get the outcome you deserve and ensure you get what you’re entitled to.