Recovering from Injury

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You Slipped And Fell... Should You Sue?

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Slipping and falling in a store or on someone else's property is never an enjoyable experience. Whether you're seriously injured or just a little bruised, it is natural to be angry that such an incident occurred. One of your first thoughts may be to hire a personal injury attorney to sue the owner of the property. After all, this scenario is often portrayed on television and in the media! But suing the property owner is not always possible or even the right choice. Here are some questions to ask yourself as you consider suing after a fall.

Did you incur costs related to the injury?

If you were to sue the property owner, the type of case you would file would be a personal injury case. Such a case can recover medical expenses and lost wages due to your injury. Serious personal injury cases may also request funds for pain and suffering. But you cannot sue just for pain and suffering -- there need to have been direct expenses related to your case. If you went to the hospital, incurred medical bills, and/or missed work because of your injuries, then it may be worth your while to sue. On the other hand, if you were just bruised and sore and recovered on your own within a few days, it's probably not worth your while to sue.

Was the fall caused by someone else's negligence?

In order to win a personal injury case, you must prove that your fall was caused by someone else's negligence. In other words, their action or inaction led to your injuries. Ask yourself what action, on the part of the property owner, caused your injuries. Did they fail to clean up a spill, leading to your fall? Did a worker leave products in an aisle without signage, causing you to trip? If you can't pinpoint a specific act that contributed to your injury, you may not have a strong case.

Is the time spent worth the money you may recoup?

Filing a personal injury lawsuit takes a lot of time. It may be months before your case is heard in court, and you may then have several court dates. If you only incurred minor costs related to the accident -- for example, $400 in copays -- it may not be worth your while to sue. On the other hand, if the accident cost you  $40,000, suing may be time well spent to gain compensation.