When someone is injured in a slip-and-fall accident, there may be many questions about how the legal process works. What can you expect if you decide to pursue a lawsuit after slipping and falling?
You will need to prove that the property owner was negligent in some way. Once liability has been established, you will need to negotiate a settlement with the property owner’s insurance company. If you are unable to reach an agreement, you may need to file a lawsuit. While every case is different, this is generally how a slip and fall case works.
The experienced attorneys of Kiley Law Group will fight tirelessly to help you obtain the compensation you deserve. To schedule a free consultation with one of our attorneys, call (888) 435-1321 or fill out our online contact form.
Who is Liable for a Slip-and-Fall Accident?
After being injured in a slip-and-fall accident, you may be wondering who is liable for your damages. The answer to this question depends on a few factors, including the cause and the location of the accident.
- Private property: If the fall occurred on someone else’s property, such as a grocery store or a friend’s house, then the property owner may be liable for your injuries. Property owners have a duty to keep their premises safe for visitors, and they can be held responsible for any accidents that occur when they fail to do so.
- Public property: If the fall occurred on public property, such as a sidewalk or a park, then the government entity responsible for maintaining that property may be liable. Government entities are held to a higher standard when it comes to safety and may fall under sovereign law. This can make pursuing compensation difficult without an attorney.
- Defective products: If the fall was caused by a defective product, such as a broken step or a faulty handrail, then the manufacturer of that product may be held liable.
In most cases, the property owner is liable for slip-and-fall accidents that occur on the property. There are some exceptions to this rule, however. For example, if the victim was trespassing on the property at the time of the accident, the property owner may not be held liable.
If you have been injured in a slip-and-fall accident, you should contact Kiley Law Group right away. One of our attorneys can help you determine who is liable for your damages.
What is Negligence in a Slip-and-Fall Case?
There are three primary types of negligence that may contribute to a slip-and-fall accident:
- Contributory negligence: Contributory negligence is when the plaintiff is partly at fault for his or her injuries
- Comparative negligence: Comparative negligence is when both parties are at fault for the accident and damages are awarded based on their percentage of fault
- Gross negligence: Gross negligence is when the at-fault party exhibited complete disregard for human life and safety
How to Prove Negligence in a Slip-and-Fall Case
When a person is injured in a slip-and-fall accident, he or she may be able to sue the property owner or business for negligence. It must be shown that the at-fault party knew or should have known about the dangerous condition on the property and failed to take reasonable steps to fix it.
To prove your case, you will need to show the following:
- The at-fault party owed you a duty of care
- The property owner knew or should have known about the danger
- Eyewitness statements and security camera footage
- Maintenance records proving no repairs were made after prior complaints
- Photos of the scene of the accident
You will also need to show how these injuries have affected your life, such as by presenting medical bills, evidence of lost wages, or diminished earning capacity.
Common Injuries After a Slip-and-Fall Incident
There are a number of different types of injuries that can occur after a slip-and-fall accident. These include:
- Head injuries
- Neck injuries
- Back and spinal cord injuries
- Shoulder injuries
- Hip fractures
- Knee injuries
If you are injured after a slip-and-fall accident, seek medical attention as soon as possible, even if you do not think you have been seriously injured. Some injuries may not be immediately apparent but can still cause long-term damage. Also, injuries on seniors can have serious, life-altering effects. Documenting injuries and medical expenses can also influence the results of your case.
What Damages Can You Recover in a Slip and Fall Case?
After being involved in a slip-and-fall accident, you may be wondering what damages are recoverable. Unfortunately, there is no simple answer to this question. The type of damages that can be recovered depends on a number of factors, including the severity of your injuries, the state in which the accident occurred, and the insurance coverage available.
However, in general, if you have been injured in a slip-and-fall accident, you may be able to recover the following damages:
- Medical expenses: If you were injured in the fall, you may be able to recover your medical expenses. This includes any costs associated with treatment, such as doctor’s visits, hospital stays, surgery, etc.
- Lost wages: If you missed work due to your injuries, you may be able to recover the cost of your lost wages.
- Pain and suffering: You may also be able to recover damages for the pain and suffering caused by your injuries.
- Property damage: If any of your personal property was damaged in the fall, you may be able to recover the cost of repairs or replacement.
- Punitive damages: In some cases, punitive damages may also be available. These are designed to punish the person or entity responsible for your injuries and deter them from engaging in similar negligent conduct in the future.
Additionally, if your spouse or family has been impacted by your injuries (perhaps providing you care or support), they may also be able to recover damages.
If you are unsure about whether or not you can recover damages after a slip-and-fall accident, it is best to speak with an experienced personal injury attorney who can review your case, deal with the insurance companies, and advise you on the best course of action.
How Much Does a Slip-and-Fall Lawyer Cost?
There is no one-size-fits-all answer to the question of how much a slip and fall case will cost.
During your free consultation, your lawyer will be able to give you an estimate of what your case might cost, based on the specific facts and circumstances of your case.
In general, most personal injury cases are handled on a contingency fee basis. This means that you will not be responsible for any upfront costs or attorneys’ fees unless and until we obtain a recovery on your behalf.
What is the Statute of Limitations in a Slip and Fall Case?
In the context of a slip and fall case, the statute of limitations is the time limit for an injured person to sue the property owner. The statute of limitations varies from state to state, but it is typically 2 years from the date of the accident.
If you attempt to file a lawsuit after the statute of limitations has expired, your case will likely be dismissed by the court. The statute of limitations is the legal deadline for filing a personal injury lawsuit. Once this deadline has passed, you will no longer be able to pursue compensation for your injuries through the courts.
There are some exceptions to this rule that may extend the statute of limitations. For example, if you were injured as a child, you may have a longer time period to file a claim. Additionally, if your accident occurred on government property, you may have a shorter time frame to file a claim. Injured workers in Massachusetts have up to 4 years to file a claim against their employers.
If you are unsure which statute of limitations applies to your case, you should speak with an experienced personal injury attorney. It’s also possible that you may have a case even though the statute of limitations seems to have expired – your legal team can review your options.
The lawyers of Kiley Law Group can help you to determine the exact timeline that applies to your specific situation. Taking action quickly will help ensure that you have enough time to properly gather evidence, build a strong case, and file any necessary paperwork on time.
Kiley Law Group Can Help Seek Compensation After a Slip-and-Fall Accident
At Kiley Law Group, our goal is to provide you with the highest quality legal representation so you can focus on your recovery. With years of experience and a proven track record of success, our attorneys are ready to fight for the settlement you deserve.
We understand how stressful navigating the legal system can be, so we will do everything we can to make the process as stress-free as possible. When you work with us, you can feel confident that your case is in good hands.
When you call to schedule a free consultation, our team will happily answer any questions you may have. We offer everyone a No Fee Until We Win guarantee, which means you do not pay us unless we win a settlement for you. Contact us today to schedule a no-risk, free case review. Call (888) 435-1321 or fill in our online contact form.