When you're in an establishment that is open to the public, such as a store or a restaurant, or an invited guest, the owner has a duty to make sure that the premises are reasonably safe for people like you who may enter. Rubbish left laying around that can be tripped over, ice that isn't responsibly removed from parking lots and sidewalks, water or other slippery substances, and other items can turn a safe place into a horrible accident with injury, pain, fear, financial hardship, and disability close behind.
If you've tripped, slipped, or fallen in a place where you reasonably expected to be safe, you don't have to bear the burden of your injuries alone. A skilled New Hampshire personal injury attorney can help you to understand your options for filing suit against the owner of the premises. You need the right lawyer, to help you recover the compensation that you deserve.
There are a lot of complicated issues that go into a lawsuit over a slip and fall incident: what was the owner's duty to you, the visitor? What should the owner have done to fulfill that duty? Why did the owner not fulfill the duty? What was the owner's state of mind? Should the owner have been able to detect the hazard and expect that it would be possibly hazardous to a visitor? Did you have a duty to be reasonably careful and avoid obvious hazards? Did you fulfill that duty? Were your injuries and financial losses a foreseeable consequence of the hazard? All of these questions will be considered, and any of them could become the focus of the case as you and the owner dispute who should bear the responsibility for your damages.
It's critically important that you call a lawyer quickly, as soon as possible after the accident happens. A good New Hampshire personal injury lawyer will need to immediately survey the scene of the accident, as close as possible to the time that it actually happened and ideally before any changes can be made to the area. You will be able to testify about your own perception and memory of the accident, but that evidence will be much stronger if other evidence—pictures, eyewitness testimony, other documents or records—can corroborate your testimony. The owner of the establishment will have his or her own story to tell, and it might contradict yours. A good lawyer will help you overcome this.
It is also important that you get a lawyer in order to help you appropriately deal with the other side. The other lawyer will be trying to catch you making statements against your case, such as an acknowledgment that you weren't careful or that the accident wasn't really the owner's fault. You will probably have to sit for a deposition, or formal interview that can be quoted in court. The other lawyer may try to ask you questions that the rules of evidence don't allow, but the burden is on you to object to them. Only a good lawyer can help you deal with these issues and prepare your case.
One of the most crucial components of your case will be proving damages, or the monetary amount you need to compensate you for your injury and lost income. New Hampshire law contains some complicated provisions dealing with the amount of damages you can be awarded and which losses can count toward your damages award. You'll need a great personal injury lawyer to help you understand these laws and prepare your case. In addition, proving the extent and amount of the damages that you suffered will require carefully gathering medical and employment documents in accordance with the rules of evidence, deciding how and when to interview doctors and people from the scene of the accident as potential witnesses, and how to pull all of the evidence together into a comprehensive theory of the case that properly invokes New Hampshire law to show that you should be compensated by the owner.
Call our New Hampshire personal injury attorneys to discuss your case today.
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This site does not constitute legal advice. An attorney client relationship is formed only after an agreement is entered into between an Attorney of Liberty Legal and a client is reached. Past results do not guarantee future results.
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Liberty Legal Services PLLC. Main office: 250 Commercial St #3020 Manchester NH 03101. (603) 262-3196