Iowa City, IA – One of the most common situations that a personal injury lawyer handles is when someone was hurt due to negligently maintained property. Things like falling down stairs, slipping on a wet floor, tripping in a parking lot, or other similar accidents usually get categorized as slip and fall incidents. It is important for victims to keep in mind that they should get legal advice and work with their attorney to ensure that they can prove the property owner was responsible and negligent, as this is necessary to receive compensation.
The victim must show that the person or people who controlled and maintained the property deviated from what a reasonable person acting as a property owner would have done in the same situation. This requires showing the elements of a negligence action, which include the appropriate duty of care, a deviation from that duty, causation, and damages to the victim. All of these elements need to be present for the case to succeed.
In premises liability lawsuits, there must be some kind of evidence that shows actual negligence. This can be done by looking through maintenance and cleaning records, or through things like the testimony of others who were nearby. The strongest evidence in slip and fall cases tends to be related to the defendant’s notice of an unsafe condition or prior accidents, yet they failed to make changes that would keep guests or customers safe. For example, areas should be regularly cleaned or restricted to the public if it is possible that an injury may occur or others had reported problems in the past. If the defendant had this kind of information, this can be crucial to the outcome of the case.
Concluding with a trial or settlement negotiations
It is possible that the victim will need to have a trial in court with witnesses speaking about what they saw and did in front of a judge and jury. However, this has become quite rare and almost all civil lawsuits end with a settlement. The victim’s lawyer should attempt to negotiate for an amount that covers things like healthcare bills and time away from work. These amounts tend to increase with the severity of the injury and related losses.
Injury lawyers in Iowa
Eells and Tronvold Law Offices is a firm that handles various kinds of personal injury lawsuits in the state of Iowa. People who need legal advice can meet with their attorneys to decide if they need to file a civil case for compensation.
USAttorneys.com is a service that gets people connected with local attorneys in their area. Anyone who needs assistance can call 800-672-3103 for a referral.
Firm contact info:
1921 51st Street NE, Cedar Rapids, IA 52402-2400