A slip and fall can occur for a number of reasons. Most commonly, the ground might be slippery. During the winter in Barrie, there is usually snow and ice, and if it is not adequately cleared, someone can become injured by slipping and falling.
A landowner who fails to remedy this and other property hazards could be held liable in the event of an otherwise preventable trip and spill incident. Do not face the Barrie slip and fall claims process alone, let one of our elite trial lawyers assist you in obtaining compensation from liable parties.
The first stage in the Barrie trip and spill claims process is evidence accumulation. Lawyers want to look at pictures of the scene, compile medical records, and examine occurrence and inspection records with respect to the property if it is commercially owned. Our legal team could help investigate whether inspections were done and whether salting and sanding precautions were taken before a slip and fall on an icy surface.
The next step in the process would be to issue a “statement of claim” and wait for a statement of defense from an insurance adjuster or lawyer. Next, there would be examinations for discovery where both parties can ask questions as well as a mediation session. Following mediation, a pretrial will take place, and if it becomes a case, it will settle at trial.
Local slip and fall accident lawsuits may be commenced by way of something called a “statement of claim,” which is a document that commences a lawsuit in the court. A trip and spill incident which took place in our area would be started at the Ontario Superior Court on Worsley Street in downtown Barrie. Claims against the government must provide notice of your intent to sue within 10 days of becoming injured on a government-owned property. Otherwise, notice must be given within 60 days for non-governmental defendants.
The goal of any slip and fall claim is to prove liability and damages. Liability requires you to show through a preponderance of evidence that the defendant did something or failed to do something that would have prevented the accident from occurring. Examples of liability in trip and fall claims include:
In addition to establishing liability, you must also prove that you suffered damages as a result of the slip and fall. If you are unable to work after a serious fall, a well-practiced Barrie lawyer at our firm could help prove that the reason you cannot work is because of the incident and not something else. In other words, we could help establish the quantum of the claim and how much you’ve actually lost as a result of it.
For instance, if you have medical bills, a legal representative could help prove that those medical bills are a direct result of the trip and spill accident and not by some other cause. Highlighting your medical bills can also help illustrate your pain and suffering, which is another recoverable damage.
The biggest mistake to avoid in the trip and spill claims process is not gathering any evidence when you are injured in a serious fall. Almost everyone today has a smartphone with a camera on it. If you fall, it is very important that you, a family member, or a friend take some pictures of the accident scene.
It is not uncommon for a defendant to take immediate steps to change the scene, especially if snow and ice caused you to slip and fall. Weather conditions and ground conditions, even one day later, can be radically different.
The other mistake people tend to make is giving statements to an investigator who is working for the defendant without the benefit of legal advice. Many plaintiffs say something that will subsequently be used against them during the slip and fall claims process.
A Barrie lawyer could help you collect evidence to support your trip and spill claim, send a notice letter to the right people and in the proper fashion, and hire experts (i.e., accountants, doctors, vocational experts, and engineers) as necessary to prove your damages and the opposing party’s liability. Regardless of which stage of the civil claim process, we can be your voice in both presenting your claim and negotiating a favourable settlement. Get in touch with our firm today to learn more about how we can help you navigate the Barrie slip and fall claims process.