Atlanta Slip-and-Fall Lawyer
Slip-and-fall accidents are common and can result in severe injuries. They can take place when you least expect it, which makes them even more dangerous due to the surprise factor. Many of these accidents result in hospitalization, and in the worst-case scenario, you could find yourself with a permanent disability due to a bad fall.
Even if your injuries are not life-altering, you’ll still be unable to take care of yourself and your daily routine due to the pain you’re experiencing. At Fischer Redavid PLLC, we believe no one deserves to suffer because of someone else’s actions or inactions.
If you or a loved one has been the victim of a slip-and-fall because of negligence, you may be entitled to compensation and should file a claim as soon as possible. With the help of an Atlanta slip-and-fall lawyer, can seek financial stability and get your life back on track before defendants are able to take advantage of your emotional state.
What Can Be Considered a Slip-and-Fall Accident?
Just like the name implies, a slip-and-fall accident takes place when an individual is injured after falling or tripping because of a hazard. Whether this occurs on public or private property is irrelevant, as property owners will always be considered liable for your injuries if they’re found to be negligent.
To better understand the concept behind this scenario, let’s take a look at the most common causes behind slip-and-fall cases. Each case is unique and happens because of different circumstances, but don’t forget that proving negligence is the key to success for all of them. Proving negligence is a fundamental factor in almost all personal injury cases.
Wet and Uneven Floor
Poorly maintained or badly designed surfaces are the leading cause of slip-and-fall accidents. Walking on a floor that presents multiple hazards is obviously dangerous, but the important part is the fact that the hazard wasn’t fixed by the owner and you weren’t warned about it.
Moisture accumulation that was not removed, loose mats, a recently-waxed floor or a parking lot pothole can all cause a fall. They’re the result of someone else’s carelessness, which is why you’re well within your rights to be compensated if you’re injured because property owners failed to create a safe environment.
While it’s true that no one’s liable for natural phenomena like snow and rain, it’s also true that property owners need to apply the appropriate safety measures to protect every single individual. An example of environmental conditions would be not shoveling a sidewalk during winter, which increases the risk of slips and falls.
If owners ignore safety measures and you end up being injured, they can be considered liable and they would have no choice but to compensate you for all damages. You still need to file a convincing claim in this scenario, and it would be a smart choice to let a slip-and-fall lawyer in Atlanta take care of it.
Building structure plays a significant role in everyone’s safety. If safety standards aren’t respected, multiple areas could have bad lighting, which increases the risk of injuries because of an unexpected fall. A poor structure can also result in collapsing walls, which is a recipe for disaster if a victim was leaning on it.
Other structural issues may include faulty stairs, electrical issues that may cause electrical injuries, and faulty elevators. If you’ve been injured because of
Partially at Fault? You Can Still Be Compensated
Another reason that discourages injury victims from seeking compensation is the belief that what happened was the product of their inattention. If you take responsibility, you’ll be unable to receive the money you deserve if you are the negligent party, right?
While it’s true that you can’t be compensated for your own mistakes, it doesn’t mean that you have to forfeit your chances of receiving the money you deserve entirely. All personal injury claims filed in the state of Georgia follow comparative negligence rules, which means that you can still file a claim despite shared fault, though you may be unable to get your full compensation.
When establishing a percentage of fault, there are rules to follow that will impact your settlement. Your percentage of fault should never be equal to or exceed the proportion of fault of all other defendants combined. The damages you’ll receive will be reduced by your percentage of responsibility.
Typically, if you’re found to be 50 percent or more responsible for a slip-and-fall accident, you won’t be able to be compensated. That’s why the presence of an experienced lawyer is so important. You’ll need to build a convincing case from the beginning that shows you weren’t at fault, or that the defendant was more careless than you were.
Statute of Limitations
It’s important to remember that you don’t have an unlimited amount of time when it comes to legal issues. Seeking justice and adequate compensation needs to be done as soon as possible, as all personal injury claims are subject to a statute of limitations. In the state of Georgia, you’ll need to file your slip-and-fall claim within two years of the accident occurring.
While it may sound like a long time on paper, it will become a short amount of time if you decide to take legal action too late. If you seek compensation after this legal deadline has passed, the at-fault party can ask for your claim to be dismissed, and a civil court will follow without asking additional questions.
The limits imposed by the law are not the only elements that will become a problem in the future. If too much time passes, evidence of dangerous conditions may be removed, witnesses may be unable to recall what happened, and important footage could be lost. Because of this, you should reach out to an Atlanta slip-and-fall lawyer as soon as possible.
How Much Is My Slip-and-Fall Claim Worth?
The settlement amount you could receive from your slip-and-fall settlement is influenced by all the components that caused your accident. For example, the severity of your injuries can play a major role in your case.
There is no set value for legal issues, and two cases, no matter how similar, will never be the same. While it’s important to have an idea of what you can expect, you’ll have to contact a lawyer that will consider all your current and future expenses before you even think about the amount of money you could receive.
Damages That Affect a Slip-and-Fall Claim
When you’re hurt in an Atlanta slip-and-fall accident, you may have grounds for damages. These damages, both economic and non-economic, should cover the costs of the suffering you’ve experienced financially and emotionally. Unfortunately, these damages can be difficult to calculate without guidance.
Multiple factors can affect your settlement amount in a slip-and-fall claim, including the following:
- Medical Bills – They’re the most important part of personal injury lawsuits, as they determine the majority of economic damages you’ll be awarded if your claim is successful. When you’re hurt because of someone else’s negligence, they will be responsible for all your medical expenses and eventual long-term costs of treatment.
- Lost Wages – You may be forced to stay away from your job to recover, and this could impact your ability to deal with all the bills that influence your daily life. Potential defendants are responsible for your inability to earn money while you’re injured, and an attorney will always include these damages in your claim.
- Pain and Suffering – This type of non-monetary damage depends on what influences your recovery and how long pain and mental anguish last. Chronic pain will not only interfere with your enjoyment of life, but can also cause stress, depression, anxiety, and insomnia. Because of this, your pain and suffering are considered a fundamental part of personal injury claims.
- Loss of Enjoyment of Life – In some cases, you may be unable to return to things that once gave you joy, like a beloved sport, hobby, or job. In these cases, the intangible emotional toll can be devastating. Talk to your lawyer about these damages if you’re struggling to recover.
- Future Expenses for Recovery – Recovery from an injury can be a long-term process. You may need rehabilitation to recover your strength, for example, or you may need some treatment in the future, like surgery, because of your injuries. While you may not know what those damages cost now, your lawyer can estimate these damages.
You may also be awarded punitive damages. In rare cases where a property owner willingly caused you harm or was extremely reckless, the court may order them to pay an additional amount of money as punishment. This is meant to deter them from engaging in the same behavior again.
What If I Can’t Afford an Attorney?
After a bad slip-and-fall accident, it’s normal to worry about your finances, especially when most people think of lawyers as only interested in your money. For a personal injury firm like ours, that’s simply not the case.
Most personal injury law firms like ours, including ones with experience with slip-and-fall accidents, work on a contingency fee basis. Their payment won’t come out of your own pockets, and you won’t be charged a fee unless your case is successful.
You will only be required to pay a percentage of your settlement once your legal issues are over. This may include additional costs relating to investigating your case and obtaining all records needed to prove liability.
Representing yourself after an accident is often a mistake. You may fall victim to common strategies used by businesses or insurance companies that could ruin your claim. One incorrect statement can diminish the settlement you’d receive, or you may accept a lowball settlement offer. An Atlanta slip-and-fall attorney can stop you from committing these mistakes.
Call (404) 800-6609 or complete the online contact form to reach our firm and get started on your recovery.
Slip-and-fall cases can be complex, and proving negligence is not an easy task. Many injured individuals prefer to not take legal action, as they’re convinced they won’t be able to win and that this process will be a waste of time and money. As a victim, you shouldn’t make this mistake, and you shouldn’t cripple your finances to avoid this.
It’s undeniable that gathering evidence and presenting a convincing version of the facts, especially if your case goes to trial, can be different compared to other accidents. In a car accident, you might have footage of the events that transpired. In a product liability claim, you may submit the defective product for examination.
In a slip-and-fall accident, you might be forced to rely on your first-hand experience or statements from witnesses, which may not always be available. However, there are factors that can increase your chances of winning. Don’t forget that an Atlanta slip-and-fall attorney can also take care of gathering the evidence needed for a convincing claim.
The first and most crucial factor that you have to keep in mind is that slip-and-fall accidents fall under a premises liability standard.
This is very important for your legal battle, as this concept indicates that an individual has a reasonable expectation of not getting injured when they’re on someone’s property. If this concept is ignored, a property owner can be considered liable.
A Fall Caused Your Injuries
The fact that you’re injured doesn’t mean that you automatically succeed when filing an Atlanta slip-and-fall accident claim. Your injuries need to be the direct result of falling, or they won’t be considered evidence. You also need to keep in mind that defendants may accuse you of acting irresponsibly and committing actions that made your injuries worse.
A doctor’s appointment should be your first step when this scenario presents itself. Understanding the full extent of your injuries is crucial if you want to receive a good settlement offer. Medical records can help you prove how there’s a strong correlation between your symptoms, the treatment required, and the events that transpired.
The Accident Took Place Because of a Dangerous Condition
Another important factor that can help you prove liability in a slip-and-fall case is proving that a dangerous condition existed and was the cause of your accident. Pictures, recordings, and footage from surveillance cameras can be of great help in this scenario, along with statements from witnesses who were aware of this condition.
An important piece of evidence that your attorney will try to obtain is incident reports that involved the specific property where you were left with severe injuries. These reports contain valuable data about similar accidents, like when and how the accident happened.
The Property Owner Failed to Address the Problem
Older incident reports are valuable and fundamental pieces of evidence for your claim. If you’re able to prove that the owner was aware of the problem but didn’t fix it, your chances of winning increase dramatically, as that’s further proof of their negligence and inactions.
A property owner can still be considered liable even if they were not aware of slip and trip hazards. If you can prove that they should have known about the factors that increased the risks of falling, it may help your claim. A lawyer will take this into consideration when filing your claim, as carelessness is often a synonym for negligence in this scenario.
After unexpected circumstances change your life, you deserve honest answers. Your legal compensation could impact your future and your well-being, and you need results that will satisfy you while making your recovery process easier. The last thing you want while you’re dealing with great amounts of pain is to be stuck in a long negotiation process.
Our slip-and-fall lawyers at Fischer Redavid PLLC want to see your case succeed. We want to take the pressure off you, so you can take care of the suffering you’re experiencing due to a property owner’s recklessness. We offer free consultations, too, so you know what to expect before you agree to anything.
We will work towards results while not letting insurance companies avoid responsibility. If you’re struggling to get compensated, reach out for a free consultation about your case.