Slip and fall accidents are among the most common causes of personal injury and hospitalization. They are also one of the most complex type of personal injury claims to handle if you lack knowledge of the law. For this reason, it’s crucial that you understand what counts as a slip and fall accident and that you have a slip and fall lawyer on your side.
Common Injuries Sustained in a Fall Accident
You can suffer from a variety of serious injuries due to a slip and fall accident, including head trauma, broken bones, back injuries, internal organ damage, and brain injuries.
It’s not uncommon to suffer from a permanent disability as a result of a fall accident, and elderly injury victims may even die from their injuries. A fall lawyer can also work with you to prove negligence and recover compensation on behalf of a loved one you have lost to a slip and fall incident.
Where Do Slip and Fall Injuries Occur?
You can suffer a fall injury in almost any place where you are not the property owner, such as in an apartment building, government office, hotel, parking garage, or construction site.
Fall cases are particularly common when food or liquid is spilled on the floor, including at swimming pools, restaurants, malls, and grocery stores. Floors could also be wet due to a burst pipe or another plumbing problem.
It is also possible to suffer from a slip and fall accident due to a tripping hazard, such as uneven flooring or exposed cables. Outdoors, a trip could be due to a sidewalk in poor conditions or ice. Property owners are required to make repairs and clear their property from snow and ice within a reasonable amount of time. If they neglect to do this, they could be liable for the dangerous condition that led to your injuries in a fall.
Finally, a slip and fall accident may happen on stairs or steps that lack handrails.
When Can You Make a Slip and Fall Claim?
Slip and fall claims are possible when an injury occurred on someone else’s property and was due to the property owner’s negligence.
There are various ways to prove that the accident occurred due to a dangerous condition. For example, there could have been inadequate lighting, debris, or slippery substances on the floor at the time of your accident. Any situation where there was an unreasonable risk or the property owners failed to warn you about a hazard, you should talk to a slip and fall attorney about your potential for a case.
What Compensation Can You Receive?
You are within your legal rights to request the property owner pay for the losses you incurred due to a slip and all accident. Economic damages could include lost wages and medical bills.
You can also pursue compensation for non-economic damages like pain and suffering.
Lastly, in a slip and fall lawsuit, if it is found that the property owner acted with reckless disregard, you may receive additional punitive damages.
Slip and Fall Injuries Suffered at Work
A slip and fall in the workplace can occur if you are required to use equipment without receiving training, provided with incorrect tools, or expected to perform a task with insufficient support from other team members.
Workers compensation can help you recover costs for medical bills, lost income, and some of your other damages. Our slip and fall attorneys in Louisville can advise you as to what steps to take for your situation.
Why Do You Need a Personal Injury Lawyer for a Slip and Fall Accident?
It can be difficult to prove fault in slip and fall accidents. The property owners will have a law firm to defend them: they will argue that you were careless and that they should not be held liable. The insurance company will attempt to how that you were completely at fault to avoid paying anything. Since premises liability is rarely obvious, it can be easy for property owners to claim they were not at fault if they have a lawyer and you don’t.
When you do have an attorney working on your case, it will be easier to prove that the property owner knew, should have known, or even caused the hazard that led to your accident.
You’ll also need to prove that you sustained injuries during the accident and not at another time. Plus, you must present evidence to show that your injuries were serious enough to lead to medical bills, time off work, and other damages. You may need expert testimony to confirm the severity of your injuries and to link them to the accident.
An attorney can advise you on what kind of evidence to gather. For instance, it is always useful to have photos of the scene of the incident, your injuries, and the shoes you were wearing at the time the injury occurred. It also helps to gather witness testimony as well as writing your own account of the events. When fall accidents occur in a place of business, like a store or hotel, or at an event, you should be able to file an accident report with the security team or manager. Make sure you keep your own copy of this report.
Even if it is clear that the fall case was due to someone else’s negligence and the insurance company agrees to pay you something, there’s no guarantee that you’ll receive fair compensation. Without knowledge of the law, it will be unclear to you how much you deserve in damages. This is because in addition to receiving compensation for the expenses you’ve already incurred, you’re entitled to future damages. However, it’s difficult to both calculate and argue what your future damages will be. Once you’ve accepted an offer, you’ll lose the right to bring a premises liability lawsuit against the at-fault party.
In some cases, it may be necessary to file a personal injury lawsuit — and you always need a lawyer to represent you in a slip and fall lawsuit. Trying to handle your lawsuit alone will increase your risk of having your case dismissed or losing your case for a simple mistake, such as a technicality or missed deadline.
Louisville Slip and Fall Injury Lawyers
At the Fleck Firm, our personal injury lawyers work on a contingency basis, meaning you won’t pay our law firm anything until we settle your case. Plus, our fee is only 25 percent on settled cases — whereas other personal injury attorneys take up to 50 percent. Contact us for a free initial consultation with an experienced attorney.