Someone that has been injured in a slip and fall or trip and fall incident must make a choice. He or she can pursue compensation in one of two ways. He or she could pursue the less-costly route, which entails settling out-of-court.
Expenses associated with settling out-of-court:
• Cost of serving a statement of claim
• Cost of responding to arguments from the opposite party
• Cost of conducting any medical examinations
Costs associated with a trial:
• Hire an Accident Lawyer in Waterloo, if you do not have one; retain lawyer, if you have one.
• Pay expenses associated with discovery.
• Pay for any expert witnesses.
• Pay fee charged for making copies of noteworthy documents.
• Pay fee charged by investigators
• The costs of a trial must be weighed against the likelihood of winning the case.
Obstacles to winning the case:
Ontario’s Negligence Act: States that if the injured party has been found negligent to any degree, he or she must be called partially responsible for the accident. Times when a property owner is exempt: When injured person was trespassing, was engaged in a criminal act, or was engaged in a recreational activity.
Factors considered by court, before awarding any form of compensation:
• How much money did the victim spend on a medical treatment?
• How much money did the victim spend on rehabilitation?
• Was any money used to pay a physical therapist or an occupational therapist?
• What was the monetary value of the victim’s lost income? No victims can claim for the first week out-of-work, due to a slip and fall injury.
• If victim now confined to a wheelchair, did the family have to make radical changes in their home? Did it install a ramp?
• Does the victim need a caregiver? What does the caregiver charge?
• Who handles the housekeeping chores? What does he or she charge?
• What are the prospects for the victim’s ability to recover the physical abilities that he or she had before?
• Was the victim paralyzed in the legs? If so, did the family have to pay for a new car, one that replaced foot controls with hand controls?
• Was the victim wearing a sturdy pair of shoes, or could use of the proper footwear have prevented the slip and fall incident?
• Was victim making an obvious effort to pay attention to his or her surroundings?
Did the property owner work to ensure maintenance of a safe property? Had arrangements been made for the speedy cleanup of any spill on the floor? Was anyone making regular inspections of the property?
Were there places where the property had not been well-maintained? Was the railing located on the stairway loose? Was there a malfunction of some sort in an automatic door?