Do I Need an Accident Report to File a Slip and Fall Claim in TN?
Slip and fall injuries can happen to anyone and when you least expect them. What most people ignore is that they can become costly if they take time to heal. From a simple negligence on your part to ill-maintained property, many things can cause slip and fall accidents. However, to get compensation, the aggrieved party must prove that the injury was caused by the negligence of the property owner or tenants and that they had taken reasonable care to avoid it.
However, you shouldn’t think twice about filing a claim for your losses if you suffer a slip and fall accident in Tennessee brought about by the negligence of the property owner or tenants. Tennessee law—Tennessee Premises Liability Law to be precise, requires property owners and their tenants to:
- Deal with potential hazards on their property
- Fix the hazards
- And/or warn visitors about them
If a property owner or tenant fails to take the above measures and this leads to a visitor suffering a slip and fall injury on the property, then the visitor is eligible by law to seek compensation for the injury suffered. While suffering a slip, and fall injury on someone else’ property makes you eligible for compensation, it does not guarantee that you will be compensated for your loss.
How is Compensation Determined?
Before making a decision, the judge or jury gives the plaintiff and defendant an equal chance to argue their case. Once the arguments have been heard, the judge/jury ponder how much responsibility the aggrieved party and the property owner or tenant bear for the accident and then using this percentage of liability, they determine the amount to be paid by the property owner as compensation to the plaintiff. However, if it is determined that the plaintiff or aggrieved party is 50% or more at fault than the defendant for the accident, then he/she won’t get any compensation from the other party.
What’s Included in the Compensation?
If you are 49% or less at fault than the defendant for the accident, then you can get compensated for:
- Your medical bills
- The cost of hiring someone to perform your chores while your recover from injury
- Wages lost due to time off work
- Pain and suffering
- Permanent disability caused by the accident
- Any other cost incurred as result of the accident
Do You Need an Accident Report to get Compensation?
Since you need to prove that the property owner or tenant was 50% or more at fault than you for your accident, you’d want to record as much as information as you possibly. Following are some of the things you’d want to record:
- The cause of the fall. Include pictures if possible
- Any witnesses. Write down their names and contact information
- In case the injury occurred at a business property, contact the manager and inform him/her about the accident
While recording the above is important, it is not as important as calling in a Nashville slip and fall attorney for a case evaluation. With assistance from a Nashville attorney such as Bednarz Law, you are guaranteed to get compensation for your injuries if you’ve recently suffered a slip and fall accident.