A slip and fall accident can cause a host of serious injuries. Sometimes the effects of a fall are obvious, such as a broken bone or a laceration. In other cases, however, the initial effects may be subtle but eventually give way to long-term complications.
Not every slip, trip, or fall requires an attorney’s guidance. However, if the slip and fall accident was caused by dangerous conditions on a property and you are facing long-term or lifelong effects, it is in your best interest to seek legal guidance as soon as possible.
It is not always immediately clear what causes a fall. Although you may be able to identify a dangerous condition, you must prove that the negligence of the property owner caused the danger in the first place.
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Hiring a lawyer is the best way to get to the root cause of the slip and fall accident. Countless hazards exist on residential, business, and municipal properties that can cause injury, including:
Liability for a slip and fall is not always straightforward. It is important to determine who had possession and control of the premises at the time of the accident.
For example, say a store rents commercial space in a shopping mall. If a customer slips and falls in the store because the employees failed to mop up a spill, the store (and not the owner of the mall) would likely be held liable for the customer’s injuries.
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A slip and fall lawyer can untangle complicated issues of liability while you focus on recovery. In addition, your attorney can establish how the liable party or parties failed to exercise the necessary care to keep the premises safe.
Most slip and fall accidents occur because the property owner or occupant fails to take the steps a reasonable person would in maintaining the premises, monitoring the premises, and warning visitors of potential hazards. Actually establishing what a “reasonable” person would do under the law is challenging without a knowledgeable lawyer on your side.
Victims of slip and fall accidents may be entitled to significant compensation for their injuries and damages. However, accurately accounting for all of the damages in your case on your own is extremely difficult.
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An experienced attorney will carefully calculate not only your current losses (such as medical bills and lost income) but the costs you are likely to face in the future for ongoing medical treatment, therapy, and the inability to work. In addition, a slip and fall lawyer can assess the monetary value of non-economic damages like pain and suffering.
The damages in your case must be supported by compelling evidence. Your slip and fall lawyer can collect the necessary evidence and consult experts to establish the seriousness of your injuries and the compensation you are due.
Slip and fall accidents are covered by homeowners insurance, renters insurance, and business liability insurance. As such, it will be necessary to go up against an insurance company in the majority of slip and fall claims.
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The insurance company’s interests are directly at odds with yours. You need a settlement amount that covers your losses; the insurance carrier wants to pay you as little as possible.
Insurers and defendants are more likely to take your claim seriously when you have an attorney representing your interests. Frequently, hiring an experienced lawyer will lead to a higher settlement.
Most slip and fall claims settle out of court. However, if a fair settlement cannot be reached, you will need an attorney to file a lawsuit on your behalf and present your case at trial.
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Once a lawsuit is filed, it may still be possible to reach a settlement agreement. However, you do not want to take a chance on going to court without legal representation.
Your slip and fall lawyer will gather all of the evidence, consult expert witnesses, and prepare the case for trial. At trial, your attorney will fight to maximize the award.
There are a number of advantages to hiring a lawyer if you have been injured in a slip and fall. But what attorney should you choose?
New York Slip & Fall Lawyer
The lawyers at Hauptman, O’Brien, Wolf & Lathrop have more than 233 years of combined experience representing clients in a wide range of claims. We have extensive experience serving those who have been injured in slip and fall accidents on dangerous properties.
Please call Hauptman, O’Brien, Wolf & Lathrop at (402) 241-5020 today for a free case review. Our slip and fall lawyers serve clients in Omaha, Sarpy County, and all of Nebraska and nearby Iowa.
We were beyond satisfied with the superb legal services you provided us during a very difficult time. I hope we never encounter anyone who faces a situation like that which happened to us. But if we do, you can be sure we’ll send them your way with our highest recommendation. Sincerely and thanks again, -Jack & JohnnieIf you were injured in a slip and fall accident, you need to contact an experienced Jamestown slip and fall lawyer to protect your rights. Contact us today to arrange a free confidential consultation. Let our 30+ years of experience work for you.
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Anyone can become injured in everyday life, but when an injury is not the fault of the person who experienced it, there are options other than simply dealing with the pain. Slip and fall injuries, which constitute a fair share of personal injury cases, occur when a person slipped or tripped and fell due to a condition that should not have been present in the first place. Tripping over one’s shoelaces or missing a step while descending a stairway, for example, are simple accidents, and few judges would take a legal claim about either incident seriously. However, an experienced Jamestown slip and fall lawyer can potentially prove that slipping on a slick surface while indoors or falling over an exposed wire resulted from another person’s actions. In the latter cases, the injured parties have the right to reach out to qualified slip and fall attorneys for representation in court.
The laws governing slip and fall injuries differ across state and even municipal boundaries, and if you were injured in a slip and fall incident in the state of New York, you should consult a dedicated Jamestown slip and fall lawyer as soon as possible. If you have any additional questions about slip and falls, experienced Jamestown slip and fall lawyer Scott F. Humble would be glad to assist you as you recover from your injuries.
Slip and fall injuries can happen anywhere and at any time, and the factors that can cause these injuries are understandably many in number. Visibility is a chief contributor to slip and falls, as people who are unable to see clearly are more prone to trip over objects that would otherwise be easily avoidable. Improperly secured objects are another common element; a loose handrail, doorpost, or handle can suddenly give way, sending a person tumbling to the ground. Problems with flooring form a third type of hazard, as it is all too easy for a pedestrian to stumble over a wrinkle or tear in carpeting, a raised floorboard, or an exposed nail. The unusual presence of substances such as water, sand, or ice on a floor can make it slippery, and property managers who do not tend to spills and leaks in time are putting their customers at risk of injury.
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The typical slip and fall injury case is rooted in negligence: should the property owner or manager be held responsible for allowing a dangerous condition to appear, or did the injured party’s recklessness lead to the injury in question? This question most often does not have a simple “yes” or “no” answer, as both parties can share some blame for the injury. If the property owner or manager had taken better care of the property, the condition that caused the injured person to slip and fall would never have existed. If the injured person had taken extra precautions, if he or she had worn sturdier footwear or looked before walking, the injury could have been avoided. At the same time, though, a property owner cannot be everywhere at once, and when financial limitations, a lack of time, and insufficient communication by employees or subcontractors are involved, the property owner may truly have only a small share of the responsibility. Likewise, if the injured party was walking in an area that clearly featured “warning” or “no trespassing” signs, was running or otherwise acting irresponsibly, or was looking at her or his mobile device while walking, a slip and fall attorney may find it challenging to argue that the fault is entirely or even primarily that of the property owner.
Because the percentage of negligence, known as “comparative negligence, ” is such a major factor in slip and fall cases, personal injury and premises liability attorneys in New York have to argue that each client’s role in her or his injuries was the least amount possible. The New York Consolidated Laws state that while no plaintiff in a slip and fall injury case should necessarily be ineligible to recover damages for an injury, the amount of compensation
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