If you have recently been injured in a slip and fall accident in Oklahoma, you may be wondering if you are eligible to receive compensation by bringing forward a claim. Here are the basics of slip and fall claims, as explained by our experienced Stillwater slip and fall lawyer.
Basics of Slip and Fall Claims | Liability
First and foremost, in order to be able to bring a claim, your injury needs to have been due to the negligence of others. If you were at the grocery store and you were on your phone, wearing flip flops and not paying attention to your environment, you might be determined to be at fault for your slip and fall. The insurance company will argue that if you were in proper foot wear, and you weren’t on your phone, you may have seen the hazard that made you slip and fall and hurt yourself. However, you may certainly be eligible for a claim if you were turning the corner at the store and fell on a spill that no one had cleaned up yet.
You may be wondering if a warning sign matters in your case. This will vary case to case. If the sign was found to be unhelpful, the sign will not matter. For instance, if someone placed a wet floor sign in a hallway, and you came in from an entrance where the sign wasn’t visible, you won’t be liable for that accident. Proving that the property owner was at fault for this accident is going to be key for getting compensation. Whether this accident was at someone’s house, or at a big chain restaurant, you will have to prove negligence. The owner of the property would have had to have been aware of the hazard and done minimal effort or none at all to be found liable.
Basics of Slip and Fall Claims | Comparative Negligence
The insurance companies will try everything that they can in order to pin the blame on you. It can be quite frustrating especially when you know that you were not to blame for this accident. To avoid having the blame placed on you, it’s so important to be cautious when you’re talking to the insurance company. They will call you and they may even try to come see you in the hospital. It is crucial to your case that you do not give them any statements. They are trained to ask you questions that will incriminate yourself. You have to be so careful. If they call you, tell them that you will be acquiring council and call communications can go through your lawyer.
If you are pinned with fault, it will affect your ability to collect compensation. Oklahoma follows the rules of comparative negligence. If you are found to be more at fault than the other party, you won’t be able to get any compensation at all. That is why it is so important that you get a good attorney on the case, so that they won’t let the insurance companies take advantage of you. Don’t be discouraged by these rules. You can get compensation if you are found to be at fault for 49% or less. For instance, you can get $9,000 of $10,000 of your award if you were only found to be 10% at fault. Your attorney will fight to have you determined as little at fault as possible.
Basics of Slip and Fall Claims | Statute of Limitations
There are many things to think about with a slip and fall claim, but the most important one of all is getting the claim filed on time. From the date of the accident, according to Oklahoma statutes, you have two years to file. Now, if you wait a year and 364 days to finally contact an attorney, you may be out of luck. There are steps that need to be taken before all the paper work will be filed and evidence gathered, etc. It certainly is a process. Therefore, you need to give your Stillwater slip and fall lawyer some time to get everything that they need together.
If you are seeking compensation from an injury sustained in a slip and fall accident, call our experienced Stillwater slip and fall lawyer today to schedule a free consultation.