Slip and Fall Injury Lawyer in Oshawa

Sometimes situations arise where someone else’s fault causes you to trip and fall and suffer an injury. In such cases, you end up paying both a mental and a financial cost without being at fault. You can save yourself from this by hiring experienced lawyers at Kitchen Simeson Belliveau LLP in Oshawa. Drawing upon our many years of experience, we will be able to help you promptly get justice. Our slip and fall injury lawyer in Oshawa will speak to you to obtain a comprehensive evaluation of your case. Following this, we will conduct extensive research to build a strong case, which will maximize the chances of the final verdict being in your favour. Over the years, we have handled countless cases and have learned to navigate the judicial system in the most efficient manner possible. We can provide you with accurate and reliable advice and guidance. If you need a lawyer, you can reach out to us for accurate information.

Slip and Fall & Trip and Fall Accidents – Personal Injury Claims

Property owners, including shopping malls, business, office, municipal, and residential homeowners, all have a legal obligation to keep their premises safe for people entering upon them. This obligation arises from a statute in Ontario called the Occupiers’ Liability Act. It requires the property owner to maintain their property and do what is reasonable to ensure safety. Snow and ice are obvious hazards, and the property owner must remove these hazards in a reasonable period of time. If you’ve slipped on a wet floor or a snow or ice-covered space in Oshawa and have been seriously injured, choose our slip-and-fall injury lawyers in Oshawa to represent you.

Common Types of Accidents

Unfortunately, slip and fall accidents can occur – on the street, in a parking lot or inside a shopping mall. The responsible party’s negligence can cause you or your loved one to slip and sustain injuries, losing income and incurring medical expenses. Some common types of scenarios where slips and falls can occur are:

Slick Surfaces: Snow or ice on public and private driveways and streets are a hazard.

Falling Objects: If an object falls and the responsible party fails to remove it, it can become a hazard, causing people to trip.

Uneven Surfaces: Uneven surfaces such as weathered sidewalk slabs can cause people to stumble.

Poor Lighting: Pedestrians can lose their footing in inadequately lit stairwells and walkways.

Faulty Stairs: Crumbling and damaged stairs are dangerous to anyone who climbs them.

Our slip-and-fall injury lawyers in Oshawa can assist you with many types of accidents. There might be other circumstances such as loose floorboards, torn carpeting, and wet floors. The degree of liability depends on the unique factors surrounding the accident.

Proving Liability in Slip and Fall Accidents: Building a Strong Case

Following a slip and fall accident, the burden of proof lies with you, the injured party, to demonstrate that the negligence of the owner caused your injuries. The slip and fall injury lawyers at Kitchen Simeson Belliveau LLP in Oshawa can guide you through this process and help establish the following elements to build a strong case:

Duty of Care: The property owner has a legal duty to provide a safe environment for visitors and pedestrians. This includes maintaining the premises in a reasonably safe condition, addressing potential hazards promptly, and warning visitors of any known dangers.

Breach of Duty: Evidence must demonstrate that the property owner breached their duty of care. This could involve failing to remove snow and ice accumulations within a reasonable timeframe, neglecting to repair uneven surfaces or broken stairs, or failing to provide adequate lighting in stairwells or walkways. Witness statements, security camera footage, or photographs of the accident scene can be crucial in establishing a breach of duty.

Causation: A direct link must be established between the negligence of the property owner and your injuries. Medical records documenting your injuries and the opinion of the physician on how the accident caused them are vital evidence. For instance, a report confirming a fractured wrist sustained from a fall on a wet floor strengthens your claim.

Damages: You must demonstrate the physical, emotional, and financial losses you incurred due to the slip and fall accident. Medical bills, physiotherapy costs, lost wages, and pain and suffering documentation are all essential in calculating the damages you deserve.

Our experienced slip and fall lawyers will meticulously investigate your case, gather relevant evidence, and work with medical professionals to ensure your injuries and their connection to the accident are well-documented. We understand the complexities of slip and fall claims and can navigate the legal process effectively to maximize your chances of a successful outcome.

Taking Action After a Slip and Fall Accident: Essential Steps to Protect Your Rights

The immediate aftermath of a slip-and-fall accident can be disorienting. However, taking the following steps can significantly strengthen your case and protect your rights:

Seek Medical Attention: Your health and well-being are the top priority. Seek immediate medical attention, regardless of the severity of your pain. A doctor can diagnose your injuries, initiate appropriate treatment, and provide medical records that will be vital evidence later.

Report the Accident: If the accident occurred on commercial property, report it to the store manager or property owner as soon as possible. Request a copy of the accident report for your records. If the accident happened on public property, document the date, time, and location of the fall.

Gather Evidence: If possible, take photographs of the scene of the accident, capturing the hazard that caused your fall, the surrounding conditions, and any visible injuries. Note the date and time the photos are taken. Collect statements from any witnesses who observed the accident, including their contact information.

Keep Records: Maintain detailed records of all medical bills, receipts for any out-of-pocket expenses related to the accident, and documentation of lost wages due to missed work. These records will be crucial in calculating the compensation you are entitled to.

Contact a Lawyer: Consulting with our slip and fall injury lawyer in Oshawa as soon as possible is vital. An experienced lawyer can advise you on your legal rights, navigate the complexities of the claim process, and ensure you receive fair compensation for your injuries.

By following these steps and seeking legal representation from Kitchen Simeson Belliveau LLP, you can take control of the situation and protect your rights following a slip and fall accident. Our slip and fall injury lawyers are dedicated to advocating for you and ensuring you receive the compensation you deserve to recover from your injuries and move forward with your life.

Injuries Resulting From Slip and Fall Accidents

The possible injury claims that may result from a slip and fall accident include:

  • Fractures
  • Head injuries
  • Chronic pain
  • Broken bones
  • Internal injuries
  • Soft-tissue strains and tears
  • Psychological Trauma

You can also advance claims in Oshawa for lost income and medical expenses if you have been injured as a result of a hazard on someone’s property.

How Should You Deal With a Slip and Fall Injury?

Regardless of the nature of the injury, seek medical help right away. Your injuries need to be documented in medical records, and you may have other injuries that are not obvious. Next, you can call our knowledgeable slip and fall lawyers in Oshawa to help you file a claim. Our attorneys will collect relevant documents and information for a strong representation. It is imperative that you contact us as soon as possible because, there are notice requirements that need to be given promptly to the property owners.

Who Should Be Sued?

There may be more than one person or entity to claim against. There may be more than one owner, possibly a business or property manager. We will analyze your case, determine the person whose mistake is at the heart of the issue, and determine the person who must be sued.

Helping you establish a case

There is a limited window of time for slip and fall cases. You should report the issue to our slip and fall injury lawyers in Oshawa as soon as possible. The deadlines will depend on factors such as whether the accident was on public or private property. With your help, we will try to narrow down certain factors, such as:

With your help, we will try to narrow down certain factors, such as:

  • Was the injury a result of a breach of the occupier’s duty?
  • Was there an injury-causing condition on the property?
  • Was the occupier aware or should have been aware of the injury-causing condition?
  • Did the occupier have time to eliminate the injury-causing condition?
  • Could the injury have been expected before the accident?

We invite you to browse our blog to educate yourself about liability claims.

Damages You Can Recover

If you or a loved one has suffered injuries due to an occupier’s negligence, it is reasonable that you should expect repayment for your losses. While pecuniary damages cover financial losses, non-pecuniary damages include other ways the accident impacted your life. Our slip and fall injury lawyers can help you recover damages, such as:

  • Loss of income
  • Loss of earning capacity
  • Medical expenses
  • Physical pain
  • Emotional distress
  • Lowered quality of life
  • Loss of household services

When property owners fail in meeting their duties, and you suffer the consequences, you deserve adequate compensation. You can learn more about how we’ve helped others in the past by reading what they’ve said about us.

Contact an Experienced Personal Injury Lawyer to Handle Your Slip and Fall Claim

If you have been injured due to a poorly maintained driveway or walkway, contact our slip and fall injury lawyers in the Oshawa area, call Kitchen Simeson Belliveau LLP at 905-579-5302. We offer a free consultation in the area of personal injury claims in Oshawa, Bowmanville, Cobourg, Lindsay, Whitby, Port Hope, Ajax, Pickering, and surrounding areas. You will not pay a fee unless we are able to recover money for you.

Get the Compensation You Deserve

Let our slip and fall lawyers in Oshawa get you the help you need.