People tend to be distracted while going about their daily routines. Perhaps, while entering and exiting a store, their mind is focused on what to buy or where they parked the car. Even while simply walking down the street, people generally focus their eyes on what’s in front of them, not looking down at the pathway. For these reasons and many more, a slip-and-fall accident may occur almost anywhere.
Typically, when a victim experiences a slip-and-fall accident, he or she will just get up, dust off, and try to carry on. However, although tripping and falling on an uneven sidewalk or a wet floor may appear to be minor, such a fall can leave a victim with injuries that may be more serious than they might first appear. Even though a victim may feel that the fall was his or her fault for not paying attention, he or she could still be entitled to receive compensation for damages.
However, winning a slip and fall case can be difficult without the assistance of a personal injury lawyer. Therefore, if this has happened to you or your loved one, the personal injury lawyers of Kiley Law Group can help you to win a fair settlement for your case. Our experienced lawyers know how to acquire facts and pursue liable parties for compensation. Contact Kiley Law Group, LLC, today at (888) 435-1321 for a free consultation.
Premises Liability Law
All slip and fall cases come under premises liability, which is a category of personal injury law. Premises liability means that property owners have a responsibility to keep their properties in a relatively safe condition for all visitors (not trespassers). A failure to quickly repair a potential hazard, or to warn visitors of it, could make a property owner liable for damages when an accident occurs.
This law applies to all residential and commercial properties, including stores, restaurants, sidewalks, and parking lots. Consider your activities yesterday. How often were you on someone else’s premises? Quite often, no doubt. When engaged in your daily activities, don’t forget that the law of premises liability is covering you. If you suffer an unexpected fall, remember you have legal rights.
Several property hazards can result in slip-and-fall accidents at any time. Some of the most common are:
- Wet/slippery floors
- Uneven floors
- Snowy/icy sidewalks
- Cracked or elevated sidewalks
- Inadequate lighting
- Poorly maintained handrails
- Broken steps
- Electrical cords in walkways
- Torn/ripped carpets
This list is by no means comprehensive. There are several other causes of slip-and-fall accidents that usually leave victims with injuries.
Common Slip-and-Fall Accident Injuries
Injuries can range from minor to serious. Even an injury that may at first appear to be minor can become progressively worse over the course of weeks or months. According to one source, a serious injury results from every 1 out of 5 falls.
Some common slip and fall injuries include:
- Traumatic brain injury (TBI): A brain injury can result if a person falls and hits his or her head. Traumatic brain injuries can range from minor to serious. These types of injuries include hemorrhages and concussions, both of which require immediate medical attention since they are potentially life-threatening conditions.
- Spinal cord injuries (SCI): A slip-and-fall accident can result in a victim’s spinal cord being compressed or severed. Resulting injuries can include hernias and slipped discs. Sometimes, a spinal cord injury can result in a loss of motion, a weakening of the muscles, and paralysis. Sadly, in some cases, paralysis cannot be reversed.
- Broken bones: Sometimes, the impact from a fall can be so strong that it can cause bones to break. Fractures to bones can be external or internal. Falls can cause bones to break in the legs, pelvic area, ankles, toes, wrists, hands, and fingers.
- Internal injuries: A fall accident can result in damage to organs such as the liver, kidneys, lungs, spleen, and heart. Internal bones could be broken from the impact and puncture a vital organ. Internal bleeding can occur in various areas of the body, which can be life-threatening.
- Sprains and torn ligaments: These injuries are very common after slip-and-fall accidents. Sprains and ligament injuries range from minor to severe. The ACL, PCL, or MCL could tear as a result of a fall, which would drastically affect the victim’s mobility.
- Bruising and lacerations: A slip-and-fall victim may suffer lacerations and bruising. These injuries can be external or internal. If internal, there is a very real risk of infection which could become serious.
If you or your loved one has suffered any of the types of injuries listed here or another type of injury, you may have the right to seek compensation for damages. A personal injury lawyer can provide practical help with your case.
How to Win a Slip and Fall Case
In order to win your slip and fall case, you would have to prove that there was negligence on the part of the property owner and that your injuries are a direct result of that negligence. This means proving that the property owner (1) had a duty of care in this case to maintain a safe premises, and (2) that he or she breached that care. Some examples of a breach in a slip and fall case can be a failure to repair broken steps or to warn of a wet floor.
Also, you would need to prove (3) causation, or that your injury would not have occurred if the hazard had been handled by the owner. And lastly, (4) it must be shown that you, in fact, were hurt or suffered damages as a result of the hazard.
How to gather evidence for your case
- Document the accident: If possible, take pictures of the scene and what caused the accident. Record the names and phone numbers of any eyewitnesses. Also, note any invitation notices you received to prove that you were at the premises, and document any reports you made to the owner or an attorney after the accident.
- Document your injuries: Photograph any physical injuries that you suffered. Additionally, keep track of any medical expenses that resulted from your being injured. This includes hospital and doctor bills, medical records, and receipts for medicines.
- Document lost wages and non-economic damages: Gather pay stubs, tax returns, and statements from your employer that will show lost wages. Keep a daily journal of any events or activities that you may miss due to being injured. This can be used to seek compensation for pain and suffering.
If you’re thinking that all of this seems like a lot to do while trying to heal, you would be right. It’s best to at least consult with an experienced personal injury lawyer. Even better, you can hire a legal team to handle your claim.
Your lawyers would know what evidence would be needed to build a strong case and how to gather that evidence. When you work with an experienced legal team, you can have peace of mind, knowing your case will be handled well, even in court if necessary, to get you fair compensation for your damages.
Keep in mind that you don’t have an endless period of time to file a personal injury claim. In the State of New Hampshire, the statute of limitations for most personal injury cases is only 3 years from the date of the incident, but different conditions may apply. It is similar in the state of Massachusetts. It is therefore wise for you to get legal assistance from an attorney with our law firm, Kiley Law Group, as soon as possible.
The Personal Injury Lawyers of Kiley Law Group, LLC, Can Help You Win Your Slip and Fall Case
When you are hurt due to someone else’s carelessness, it only makes sense that his or her insurance should pay for your recovery. However, insurance company adjusters are experienced in using tactics to reduce the amount of your claim or to get you to quickly agree to a lower settlement. Also, they could use your words against you later on to weaken your claim. So, if you must speak with insurance companies, never admit fault, and never discuss your injuries.
Your settlement amount can be maximized if you choose the right law firm to fight for you. That’s right － the lawyer you choose to represent you will have a direct impact on the outcome of your case! The lawyers of Kiley Law Group have successfully won over $1 billion for our clients. Our lawyers have extensive knowledge of personal injury law as well as the resources needed to help you win your case and get compensation for your losses.
Let Kiley Law Group, LLC, put our years of legal experience to work for you and get you every penny you deserve. Call us at (888) 435-1321 to talk to us. Your consultation is free, and we only collect payment if and when you get your compensation.