How To Win a Slip-and-Fall Case in Kentucky: A Simple Guide

October 26, 2024
Regard Law Group
how to win a slip and fall case

If you suffered injuries after a slip and fall at someone else’s property because of negligent behavior from the property owner, you have the right to file an injury lawsuit. However, you still need to determine how to win a slip-and-fall case. Improving your chances of winning your slip-and-fall claim requires following a few key steps, and a Kentucky personal injury lawyer can help.

Hiring a Lexington Slip-and-Fall Attorney Could Help You Win

Hiring an injury attorney is a key step in determining how to win a slip-and-fall case. Your attorney can provide key advice while taking care of the steps required to keep your case moving forward. 

  • Investigation: Your attorney will investigate the case to learn about what happened and who was at fault. This may involve taking witness testimony, reviewing an incident report, and evidence collection.
  • Meeting deadlines: The Kentucky statute of limitations requires you to file a personal injury lawsuit over your slip-and-fall claim within one year of the accident. Your attorney ensures your claim meets this deadline or appeals to an exemption if applicable.
  • Valuing your claim: Your slip-and-fall lawyer uses experience gained in past cases similar to yours to come up with an accurate valuation for your case. If the insurance company’s payment offer is the same as the value your lawyer assigns to your case, you may want to accept it.
  • Negotiations: Your attorney represents you in negotiations with the insurance company. The lawyer’s experience in past negotiating sessions gives you a better chance of trying to win the maximum possible amount for your slip-and-fall injuries.

Proving Fault Is a Key Step in How To Win a Slip-and-Fall Case

Winning a slip-and-fall case requires proving who was at fault for the dangerous situation and your injuries. When your attorney can show negligence on the property owner’s part — usually by failing to alleviate the condition that caused you to slip and fall — you have a chance to win your claim.

Once liability has been shown, that entity becomes the defendant for your injury claim. Without a clearly established at-fault party, you will have no grounds for an injury lawsuit.

Following a Doctor’s Care Helps You Pursue a Claim 

After a slip-and-fall accident, many people feel embarrassed. If the fall occurred at a store or a neighbor’s party, you may tell everyone initially that you’re fine. You probably don’t want to draw attention to the incident or yourself by admitting you suffered injuries.

However, you should always seek a doctor’s care if you suffer a hard fall. Symptoms of certain injuries, especially those involving the spinal cord or brain, often don’t show up until a day or two later. Seeing a doctor immediately can help you learn about those injuries faster and link them to your fall.

Remember that good injury documentation from your doctor strengthens your claim when determining how to win a slip-and-fall case. If the first doctor’s exam clearly shows that your injuries occurred because of the fall, you may have a better chance of winning your claim. Without such proof from a medical professional, it will just be your word against the defendant’s.

Regard Law Group Offers a Free Case Review After Your Slip-and-Fall Accident

If you are wondering what to do after an accident with a fall that was someone else’s fault, Regard Law Group can help. Our injury lawyers have the experience to understand how to win a slip-and-fall case. For a free consultation about your claim, call us today at (859) 281-1318 or use our convenient online contact form.