Process of a Cherry Hill Slip and Fall Case
An attorney can help you through the process of a Cherry Hill slip and fall case. Lawyers want to identify who the proper defendants are and establish what the person’s status was on the property. That is going to trigger what the duty of the defendant is. Lawyers will send out a spoliation of evidence letter to make sure that any evidence is being preserved, that the defendant is aware that there is a potential claim, and that the injured party is represented by an attorney.
They will make sure that individuals have a good understanding of the medical picture, the medical treatment, the prognosis, and the economic losses. They put together a settlement demand and try to resolve the claim. If they cannot for whatever reason or if the defendant does not make a fair offer, they would file a lawsuit in the superior court and pursue litigation. Ultimately, a person would go through litigation at any point the defendant could make a settlement offer. If they never make a settlement offer or it is not a fair settlement offer, the case would go to trial. Most cases do resolve prior to trial, however. Cases will also be heard in the Superior Court of Camden County.Contact a professional lawyer who can guide you through this process.
Usually, a person deals with a property owner. A person that subcontracted the services of another, janitorial services for cleaning, for example, those parties may have to be brought into the case. Every case is unique and different. Every Cherry Hill slip and fall case is different.
Proving a Slip and Fall Case in Cherry Hill
Lawyers have to determine the status of the person on the property. That is going to trigger what duty is owed by the defendant. Then they need to prove that there was a breach of that duty. For instance, if it is a business and the person is a business invitee, lawyers have to prove that there was a dangerous condition that the defendant had notice of, either actual notice or constructive. Injuries caused by a dangerous condition would have to be proven.
A person does not always have evidence in the process of a Cherry Hill slip and fall case. If a person has photographs of the dangerous condition, it is beneficial. Sometimes there is video surveillance of the fall, which can be helpful. What evidence is available differs on a case-by-case basis. Lawyers might need to hire liability experts to evaluate what happened and examine why the incident should not have occurred in some cases.
Ages of Injured Parties
Ages of injured parties can come into play when talking about damages and about how much money a person should receive for all of their injuries for the rest of their lives. It could also come into play because certain injuries may not be related and defendants argue that they are degenerative due to the person’s age.
Approach of Experienced Slip and Fall Lawyers
The first action lawyers want to take is to protect any evidence. They send out spoliation of evidence letter as soon as possible. They want to preserve any videos, any photographs, and anything that the defendant has of this dangerous condition. They want to preserve that, so they are able to prove that at a later date. They have to prove the medical elements as well, which is why an attorney might wait until a medical diagnosis made to make any other action. Every case is different in how an attorney approaches it. To learn about how your case might be assessed, contact a skilled litigator today.