There are a number of things about a Louisville slip and fall case that a potential plaintiff should be aware of. The most important of these are:
- Take photos of everything that the scene. If the injured person cannot do it, they should have somebody do it for them.
- Make sure a person documents everything about his or her injuries and keeps a journal.
- Collect the names, phone numbers, and addresses of every witness that the person can find.
Finally, a person should contact a Lousiville slip and fall attorney immediately to begin building a case and be aware of the many factors of a slip and fall case in Louisville.
Judge’s Rejection of a Case
It is possible for a judge to reject a slip and fall case. through a summary judgment motion. After an individual has done some initial discovery, the defendant can file a motion for summary judgment. If the judge believes that there is no way that the injured person can win, the judge can dismiss his or her case. A judge may decide to reject the case if there are no facts to indicate that the defendants were in any way negligent or caused the negligent condition.
Appealing a Case
If a person loses in a slip and fall case, they must go through the procedures from the Kentucky Rules in Civil Procedure to appeal. This is a legally complex issue for which a person needs a Louisville slip and fall lawyer to help. A person can appeal the judge’s decision if they lose either in:
- a summary judgment
- a case dismissal
- a trial loss
If the Louisville slip and fall case took place in the circuit court, a person can appeal to the court of appeals. If a person loses there as a matter of right, a person can appeal to the court of appeals. If he or she loses to the court of appeals, that individual can ask for the Supreme Court to hear their case, however, that does not mean the Supreme Court will take it.
Injuries may show up later after the accident occurred, which is why it is important to not settle a case right away. A person should make sure that he or she is completely healed. A good lawyer will not try to undersell a person and get rid of the case quickly. They are going to wait and see how a person progresses. If the case is in litigation and an injury shows up later, that person can supplement his or her discovery to show additional injuries.
If an individual has settled his or her case and new injuries arise after the fact, that individual is out of luck. When that individual signs a release after expecting a settling, that individual is saying, “I am never going to go after this person again for anything related to this slip and fall.” That is why it is so important that a person does not settle too soon.
Contacting an Attorney
It is preferable to contact an attorney as soon as an individual is aware that he or she has been injured and thinks that somebody else is at fault. The sooner a person calls the attorney, the earlier they can begin investigating the incident, getting photos, and preserving evidence for the slip and fall case as well as an appeal, if necessary.
Any person that has been injured as a result of a slip and fall should bring photos of the scene at that time, photos of the scene since then, photos of his or her injuries, medical bills, medical records, insurance information, the homeowner or business information, an incident report if it was made at the commercial claim, and the names, addresses and phone of any witnesses.