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A student could have a case if they suffered injuries due to the school's negligence. However, timing is crucial - they have to file a lawsuit as soon as possible, otherwise, they'll lose the opportunity of taking their case to court. This article discusses essential information on the matter.
What Is a Slip and Fall Lawsuit?
A slip and fall lawsuit consists of a claim or dispute that victims bring to a law court due to the accident they were in.
When a victim is in a slip and fall accident, consequences can be severe. In some cases, they can change their lives since they may hinder their abilities to do their daily tasks.
Students can be in a slip and fall accident when they least expect it. If they were walking in their college and someone else's negligence caused them to trip, they may have to carry the physical consequences of it: broken bones, ankle sprains, and spine and neck injuries are some of the common outcomes.
Fortunately, there is a way to handle the situation when someone is in an accident on a college campus. The injured party can file a personal injury claim with an attorney's help.
Suing the College for a Slip and Fall Accident
Millions of people file personal injury lawsuits each year, and many of the cases happen on college campuses. However, not every claim results in a win.
If the victim wants to get a settlement for their injuries, they have to prove that the property owners are liable for the pain and suffering they've been going through.
Generally, it means that the victim has to prove the property owner's negligence. Therefore, hiring a lawyer is essential. Even so, before that, the hurt person must keep several deadlines in mind.
Missouri's Statute of Limitations
The statute of limitations for filing liability claims in Missouri is five years. In other words, the person must file a lawsuit within five years of discovering their injuries.
People who don't file a premises liability claim within that period are unlikely to get a settlement or have a court decide on their case.
In general, a statute of limitations exists for both criminal and civil causes of actions. In the civil setting, it begins to run from either the date of injury or the date the victim could have reasonably discovered it.
An experienced personal injury lawyer will most likely suggest the victim file the claim as soon as they can. The purpose of the statute of limitations is to preserve the integrity of the testimonials and evidence, which will be crucial to proving that the property owner was negligent.
Deadlines and Exceptions
There can be exceptions to Missouri's statute of limitations. The following are some possible cases:
Deadline extensions
There's the discovery rule, which protects the victims when they're unaware of their injuries. The statute of limitations begins when they are or should become aware of them.
If the defendant leaves the state, the statute of limitations does not include the time they were away.
EXCEPTIONS
Mentally incapacitated people and people under the age of 21 have five years to file a claim, and the time starts after they are of age or are declared mentally capacitated.
When it comes to government employees and agencies, Missouri requires that victims file a claim with the Office of Administration's Risk Management Division. Plus, it has to happen within 90 days of discovering the injury.
Proving Negligence in a Slip and Fall Claim
If a victim wants to win the personal injury lawsuit and get a settlement for their medical bills, they'll have to prove that the property owner was negligent.
Victims have a right to recover compensation for a slip and fall claim, but they'll have to show evidence that supports that the owner of the premises failed to fulfill their duty of care. In other words, they must prove that their irresponsible actions led to the accident.
Occupier vs. Owner Negligence
Premises liability cases in Missouri can be challenging because sometimes, the negligent person is not the one who owns the place. It's a very common occurrence with colleges - someone could leave a wet floor, cause a student to fall, and suffer catastrophic injuries, and they're just workers there.
Property owners have a duty to maintain their premises safe. Therefore, if they should be aware or know of a hazard, it's their responsibility to take care of it, so no one gets hurt.
Components of Negligence
Victims must demonstrate several components when it comes to proving negligence in personal injury cases, including:
The owner of the property or occupier caused the dangerous condition, knew of it, or should have known of it if they'd exercised a level of care a responsible, reasonable person would have exhibited.
The owner or occupier failed to correct the condition or warn others of it.
The failure to communicate the condition was the direct cause of the injury.
The injury caused consequences and harm, for example, unexpected medical expenses, lost wages, etc.
What Is a Personal Injury Lawyer?
Personal injury lawyers are experts in proving legal liability. They can help people file their claims when the time is due, and when the moment comes, defend them in court.
A personal injury attorney is the essential professional victims should hire if they're filing premises liability claims. If they suffered severe injuries, they need expert help to get through the process, and lawyers exist to help them. Powel Law Firm can also answer questions like, "What is the average settlement for airbags not deploying?"
Why Victims Should Hire an Experienced Personal Injury Attorney
Filing a claim requires knowledge of every legal concept involved. Plus, victims must be aware of deadlines and other essential details if they want their lawsuit to go to court.
The process can be confusing. However, a slip and fall lawyer can help a victim in need, so hiring one is essential after a slip and fall.
Final Thoughts
Slip and fall accidents can be devastating. Victims should get expert help and find the ideal attorney to guide them through the process.