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Trip & Falls - Lomax Law Firm

Trip and fall cases may involve litigation to determine whether the injured person is entitled to monetary compensation (known as “damages”) related to the expenses associated with the injury. Many trip and fall injury victims want to settle their case quickly, while others decide to let a judge or jury award those damages. There are benefits and pitfalls to each option.

Trip and Fall Law in Canada

Personal injury law allows for accident and injury victims to be able to collect damages from the entity that was, either through malice or negligence, responsible for the injury. Damages may compensate trip and fall victims for a variety of expenses:

Any medical bills, past, present, and future, for treatment related to the trip and fall incident.

The replacement or repair of any property that may have been damaged or destroyed in the accident (for example, clothing or eyeglasses).

Lost wages as the result of extended time off from work. This includes the time away from work to attend doctor’s appointments and physical therapy sessions.

The costs associated with hiring home help to take care of normal housecleaning that the victim may be unable to perform due to the injury.

Any permanent disfigurement or disability that is the result of the trip and fall accident.

Emotional distress caused by the accident.

Any additional costs incurred that can be directly traced to the accident.

How a Personal Injury Lawyer Can Help

It is often wise to refrain from speaking directly to the owner of the property in question until you have had the chance to consult with an accident lawyer who is experienced in trip and fall cases. Accident lawyers can help you understand the nature of trip and fall liability, negotiate with the party responsible, and represent you in court (if the case goes that far).

Your accident lawyer can also negotiate a reasonable and fair settlement with the property owner and/or their insurance company. If you receive a settlement offer, your lawyer can help you determine if it is fair or if it would be more beneficial to take the case to trial.

Out-of-Court Settlement Versus Trial

If you accept the trip and fall settlement, the benefits are obvious. Your case is resolved more quickly than it would be if it goes to trial, and the settlement money is often available almost immediately. This allows you to pay off medical bills promptly, and your legal bill is likely to be lower. The downside is that quick resolutions may result in the victim receiving a smaller settlement than he or she might receive at a trial.

Going to trial may net you a larger reward, as well as the emotional satisfaction that comes from winning the case. Of course, there is no guarantee that you will win the case. There are also other drawbacks: your accident lawyer’s fees may be higher, the judgment and verdict are public knowledge, and if you lose, you may even be forced to pay a portion of the defendant’s legal costs. Moreover, the process of going to trial may take months or even years. This is valuable time when you have medical bills to consider.

Ultimately, you make the decision whether or not to go to trial or settle your case quickly. An experienced accident lawyer will have a good understanding of what is involved in the process and can give you proper guidance in your case.

Trip and Fall Lawyers in London, Ontario

Rein Lomax brings nearly two decades of trip and fall accident legal experience to the table. He is highly regarded by clients, the court system, and the legal community in London and throughout southwestern Ontario. He will make sure you receive the highest-quality professional representation for your case, and is committed to making sure your rights and best interests are protected.

For your trip and fall accident case, contact the Lomax Law Firm at 100 Fullarton St., London, ON N6A 1K1 Canada, by calling (519) 488-6640.