If you fell down when you were visiting a store, and you think the accident was the store's fault, you may be able to pursue a personal injury claim. However, the burden of evidence and proving that the store was negligent falls on you. Here are some things to know about personal injury claims:
Pursuing a Personal Injury Claim
A personal injury claim can be used for a variety of matters. Personal injury claims are a legal way to get recourse when you are injured or hurt in some way that is not criminal. With a personal injury case, it is about holding the other party responsible under the law, without pursuing criminal charges against them. A personal injury lawsuit is something that an individual can pursue on their own when they feel that they were wronged.
When you slip and fall at a store, and are injured, a personal injury suit is the type of legal recourse that you can pursue.
Burden of Evidence
A personal injury lawsuit is not like a criminal case. The burden of evidence falls on you. It is your responsibility to prove that you have a case, and that the case should be decided in your favor. It is not up to the other side to defend themselves, although they will surely do that. It is up to you to prove that you have a case in the first place. If you can't prove that you really have a case, it will get thrown out by the judge, or the jury will not rule in your favor if the case goes that far.
That means that you need to have evidence of your fall, and your attorney needs to be able to show that it was the store's fault that you were injured.
It is not enough for your attorney to prove that you fell at the store. It is not enough for them to show that you were injured. That alone is not how slip-and-fall cases are proven. Instead, you and your attorney have to show that the store was negligent in their actions. That the store knew that there was a hazard, and did not take reasonable precautions, is what you need to prove. You and your attorney need to show that the store did not take the right actions to keep their customers safe.
If you slip and hurt yourself at a store, you can pursue legal action against them. You have that right, but it is also upon you and your attorney to show that the store acted with negligence and should be held responsible for what happened. To learn more, talk a personal injury lawyer today.Share