Believe it or not, slip and fall accident cases can be some of the most difficult cases a lawyer will ever handle. This is because of the difficulty one can have in proving their case. In order to be successful in most cases, you have to prove the dangerous condition, that caused a person to fall, was either caused by the owner/occupant of the property or that the condition had been there so long enough that they “knew or should have known” about it and corrected or warned the public. This can be very difficult unless you have disinterested witnesses or video evidence showing the circumstances. At Roberts Wilson, P.A., we can help you sort through the issues and decide the best winning strategy going forward.
What does a slip and fall accident lawyer do?
- Acts as an advocate for clients injured on someone else’s property
- Preserves evidence and gets statements from witnesses
- Organizes medical evidence for the claims process
- Files lawsuits and conducts investigations through the discovery process
- Protects client interests with their health insurance company and medical providers
- Negotiates medical bills to save the client money
How common are slip and fall accidents?
The Centers for Disease Control and Prevention (CDC), tells us that over a million people suffer slip and fall type injuries each year which includes trip and falls. For example, one of the most common types of “on the job” injuries are also fall injuries.
- Over 1 million Americans are injured in slip, trip, and fall accidents
- 17,000 people die each year
- 15% of all job-related injuries are slip and fall
- 12-15% of all Workers’ Comp. expenses
What is the biggest cause of slip accidents?
We see all kinds of accidents in this area of our practice and the causes range from spills on grocery store floors to defective thresholds in doorways. And all of these accidents can be deadly! Below are some common causes of falls that we see.
- Spilled liquid
- Uneven pavement
- Hidden holes
- Defective thresholds
- Obstructed walkways
- Debris in pathways
- Broken steps
Why do you need a lawyer in a slip and fall accident?
- Liability can be unclear
- Very Difficult to prove
- Communicate with insurer
- Stop insurance company run-around
- Develop your case properly
- Complex insurance issues
- Complex medical billing issues
- Complex legal standards
- Advocate and fight!
Should I get a lawyer for a slip and fall?
Except in the most clear cases of fault, insurance companies defend these cases harder than any other type of case. This is because of the difficult legal standards and difficulty in meeting your burden of proof in cases. witnesses are hard to come by and video is not always available. A lawyer can help you navigate these barriers to success.
What should you do after a slip and fall accident?
- If in a public place, notify the manager for an accident report
- Seek medical attention
- Get witness names and contact information
- Make employees/manager aware of what happened and be aware of their response to the incident
- Take pictures immediately if possible
- Call a lawyer right away!
How much does a slip and fall injury cost?
A lot of folks think slip and fall cases are silly but when it is you that is hurt, it becomes very real and very serious. In fact, these cases can generate medical expenses in the hundreds of thousands of dollars and even cause death. Think about the elderly person that slips and falls in the grocery store who breaks a hip and hits their head. It is very serious indeed. These accidents can lead to surgeries as well, like a hip replacement. Below are some examples of damages in slip, trip, fall cases:
- Medical bills
- Home modification costs (ramps)
- Lost Wages
- Travel expenses
Can I sue someone if I fall on their property? YES!
If a property owner has failed to perform a duty, like keeping the floor free of debris an spills or failing to warn about a dangerous or hidden condition, property owner/occupant may be liable and you can make a claim or file a lawsuit. We always give the other side an opportunity to settle before we file a lawsuit though and this saves everyone time and money if the case can be settled pre-lawsuit.
- Could this have been preventing if the property owner was more careful?
- Property owners must ensure than their property is free of dangerous conditions
- Failure to warn
- Failure to inspect the property for hidden dangers
Can I sue my landlord for slip and fall?
Yes, you can but being successful in a lawsuit against your landlord is fact dependent. Under certain circumstances, a lawyer can help you obtain a recovery when a landlord has failed to discharge their duty to protect you. It all depends on the circumstances:
- Who was at fault
- Who caused the dangerous condition
- Who failed to warn about it
- Who failed to repair the dangerous condition
- Your knowledge of the dangerous condition
How long do you have to file a slip and fall claim?
- In Mississippi, you have up to three (3) years in most cases to file a lawsuit and protect yourself from being barred by the statute of limitations. However, there are two other statutes of limitations people need to be aware of. The Mississippi tort claims act requires that notice be filed within one year and the Federal Tort Claims Act requires action within two years. A lawyer can help you determine the correct statute of limitations so you can make sure you do not miss a deadline.
Do most slip and fall cases settle out of court?
- Yes, most settle out of court but these cases are more contested than others. More slip and fall cases get to jury trials than car wrecks for example.
How much does a slip and fall lawyer charge?
There is no fee unless we are successful at obtaining a settlement or judgment on behalf of our clients. This is called a contingency fee arrangement. Some of the key features of a contingency fee arrangement are as follows:
- No upfront costs to the client
- No fee unless we are successful
- Advanced expenses are paid from settlement
Benefits of Hiring Roberts Wilson to Handle Your Slip and Fall Claim
The benefits of having Roberts Wilson, P.A. as your attorney are simple. We live and work in your community and maintaining our reputation in our community as fighters for justice are exceptionally important to us. We do not want to see disappointed clients in the grocery store so we work very hard to make sure our clients are satisfied. Here are some other reasons:
- We are here in your community
- We are easy to meet with
- We know the lay of the land locally
- We know the value of your case
- Clients paid more quickly
- More likely to file a suit than an out of town or out of state lawyers when necessary