Slip and fall cases can be complex in nature because identifying the responsible party is not always easy. In addition, the victim has to accurately evaluate their losses to understand what fair compensation would look like.
What you should look for in a slip and fall attorney is someone with experience in slip and fall cases. You will want a lawyer who can establish fault and build a case that supports your claim. Also, you will want an attorney you feel comfortable with and who will help you seek the compensation you deserve.
What Defines a Slip and Fall
When someone slips or trips on someone else’s property and the property owner is held legally responsible, this is considered a slip and fall personal injury case. These types of accidents usually lead to premises liability claims. There are many scenarios that could constitute a claim. Examples of some dangerous conditions that might cause a slip and fall on someone else’s property include:
- Changes in flooring (levels, uneven wood, or laminate)
- Torn carpeting
- Poor lighting
- Wet or slippery floor
- Narrow staircase
- Broken sidewalk
- Hidden weather hazard (rain, snow, or ice)
In order to file a premises liability claim or lawsuit against the property owner or government entity if the slip and fall occurred in a public place, you must have suffered an injury as a result to collect compensation for your losses.
Establishing Fault in a Slip and Fall Case
When asking yourself, what should I look for in a slip and fall attorney, you will want to find one who can establish fault and hold the liable party accountable in your case. In order to reach a fair settlement for your injuries and losses, your lawyer will have to prove the property owner was negligent and that negligence was the cause of your injury.
A lawyer can help determine if the owner or possessor of the property was aware of the dangerous condition that caused your slip and fall but did nothing to fix it. To be considered a “dangerous condition,” the situation must present an unreasonable, unexpected risk to someone on the property.
In order to establish that a property owner was aware of the dangerous condition, you and your lawyer must prove:
- The owner created the condition.
- The owner was aware the condition existed and negligently failed to correct it, or
- The condition existed for such a long period of time the owner should have detected and fixed it before your slip and fall occurred.
To hold the property owner liable, your lawyer must prove the owner knew of the danger and that the owner’s failure to address it led to your slip and fall incident.
Recoverable Damages in a Slip and Fall
Your lawyer will also have to prove the extent of your injuries resulting from your slip and fall accident. In order to do this, your slip and fall lawyer can document your medical expenses, which may include a hospital stay, surgery, rehabilitation, medical assistive devices such as crutches or a wheelchair, prescription medications, and more. According to the Centers for Disease Control and Prevention (CDC), about one in every five falls that occur results in serious injuries or worse.
If you missed work due to your injury, your lawyer may ask for damages for lost income through your employment records. This may also include missed bonuses and reduced income capacity if your slip and fall left you with a permanent disability that prevents you from working as you did prior to the incident.
In addition, your lawyer may ask for noneconomic damages, such as mental anguish and pain and suffering as a result of your slip and fall. They can help determine a value for your claim. Perhaps you suffered humiliation or loss of enjoyment of an activity you loved to do before the slip and fall occurred. Your attorney can add those to the list of noneconomic damages.
Call Ben Crump Law, PLLC Today
If you or a loved one suffered injuries from a slip and fall on someone else’s property and believe the property owner should be held accountable, consider looking for the right slip and fall attorney for you.
At Ben Crump Law, PLLC, we take slip and fall cases very seriously and will work to get you the compensation you deserve. Do not wait to file a claim and allow the statute of limitations on your personal injury case to run out.
Call 800-959-1444 to speak about the details of your case. The consultation is free. We do not collect payment unless we secure a settlement on your behalf.