It was just another routine shopping trip at the grocery store until you stepped in that spill. One moment, you were thinking about what you were going to make for dinner. The next, you were on your back and in serious pain.
If you want compensation, hiring a slip-and-fall accident lawyer from Accident Hotline’s network of experienced attorneys is smart. Learn everything you need to know about slip-and-fall accidents below.
Who Is Liable for Your Slip-and-Fall Accident?
The property or business owner is typically responsible for accidents on their property. However, you might be partially liable if you were:
- Walking while distracted
- Trespassing
- Ignoring warning signs
- Engaging in horseplay on the property
If you’re partly liable, your state’s comparative negligence rules come into play. In some states, you can’t recover damages if you’re even 1% at fault for the accident. In many others, you can only recover if you’re less than 50% at fault. A few states allow recovery even if you’re 99% at fault.
Understanding your degree of fault is important because it affects your compensation. For example, if you’re 20% at fault, you might only be able to recover 80% of your damages.
Your slip-and-fall accident lawyer will search for evidence that minimizes your degree of fault.
Contact our team today so we can fight to help you get the compensation you deserve.
Damages You Can Recover for a Slip-and-Fall Accident
In a slip-and-fall accident case, you can recover economic and non-economic damages. Economic damages are those with a monetary value, such as lost wages and medical bills. Non-economic damages are things such as emotional distress and pain and suffering.
A judge might award punitive damages in some cases, but this is quite rare for slip-and-fall accidents.
How Much Is Your Slip-and-Fall Claim Worth?
It’s difficult to say exactly how much your case is worth, as all cases are a little different. You’ll need to hire an attorney to help you calculate the value of your case.
Your case’s value is based on:
- The severity of your injuries
- The defendant’s and your degree of fault
- How much liability insurance coverage the defendant has
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Proving Negligence in a Slip-and-Fall Case
To win your slip-and-fall case, at least one of the following must be true:
- The property owner or an employee created a hazard
- The property owner knew about or should have known about a hazard but failed to correct it
Your slip-and-fall accident lawyer will have to prove there was an “unsafe condition” on the property that caused your accident. You can’t win a slip-and-fall case if you merely tripped over your own two feet.
Examples of unsafe conditions include:
- Loose carpeting
- Broken floor tiles
- Spills
- Potholes
- Icy sidewalks
- Debris left on walkways
Your lawyer must also prove that the property owner had notice of the hazardous condition. If they had no notice, you probably won’t win your case. For example, suppose a customer spills something, and you fall in it seconds later. You likely wouldn’t win your case because the property owner couldn’t have reasonably cleaned up the mess in time.
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Examples of Valid Slip-and-Fall Claims
It can be difficult to understand negligence as it applies to slip-and-fall cases. To illustrate, we’ve provided some examples of valid slip-and-fall claims.
- Cassie’s landlord neglected to clear the ice from the sidewalk in front of her apartment. When she leaves for work, she slips on the ice, falls, and hits her head on the pavement.
- A store owner, Jack, knew the floor tiles in his store had seen better days. Replacing them would have been expensive, so he kept putting it off. Mark comes to the store to shop and trips over a loose tile, breaking his leg in the process.
- A construction crew leaves tools, equipment, and debris scattered about in a public walkway without warning signs. Susie trips over a piece of lumber and injures her back.
Pay Attention to the Filing Deadline in Your State
If you believe you have a valid slip-and-fall case, you must make a claim by your state’s deadline, called the “statute of limitations.” If you don’t, the court will bar you from recovering damages.
Filing deadlines vary by state. In many, you have two years to make a claim. Some give you three or four years.
It may be possible to pause the statute of limitations in certain cases, such as the following:
- The victim is under 18
- The victim is mentally incapacitated
- The defendant can’t be located or flees the state
- You didn’t immediately discover your injury
What To Do After a Slip-and-Fall Accident
If you plan to seek compensation for your slip-and-fall accident, here’s what you should do:
- Report the accident to the property owner or manager on duty immediately. Do not leave the property without making an accident report. If you do, the owner will probably say the accident happened elsewhere.
- Find witnesses who saw you fall. Ask whether they’re willing to provide a statement and write down their contact information for your lawyer.
- Take pictures of the area where you fell. Snap photos of any hazards, such as spills, icy sidewalks, and loose carpeting.
- Contact a slip-and-fall accident lawyer. They’ll collect evidence, such as video surveillance, that may have captured the accident. They’ll also negotiate with the insurance company for a fair settlement. If negotiations fail, they’ll take your case to court.
Why Choose Accident Hotline?
Here’s why Accident Hotline should be your number-one pick for legal representation:
- Our attorneys are highly experienced in handling slip-in-fall cases and will fight for maximum compensation on your behalf.
- We’re here to talk 24/7, including weekends, nights, and holidays.
- You owe nothing unless we win your case for you.
Consult a Slip-and-Fall Accident Lawyer Now
Not sure whether you have a valid slip-and-fall claim? Want to know how much your case might be worth? Reach out to Accident Hotline. Our network of attorneys is here to answer your questions 24/7 in any personal injury case.
Contact Accident Hotline at (888) 340-7454 for a free consultation with a slip-and-fall accident lawyer.
For a free consultation, call 888-340-7454