Oxford Slip & Fall Injury Attorneys Serving Clients in Mississippi
The Oxford Slip & Fall injury lawyer at Roberts Wilson, P.A. has helped clients throughout Mississippi pursue the maximum compensation they deserve after falling on someone else’s dangerous property.
If you were injured in slip and fall accident because of someone else’s negligence, contact Roberts Wilson, P.A. today online or at (662) 533-9111 for a FREE case evaluation. Our accomplished attorneys fight tirelessly on behalf of our neighbors in Oxford, Holly Springs, Batesville, Pontotoc, Desoto & Tate counties, and other areas throughout Mississippi and beyond.
We handle premises liability cases, including slip and fall claims, on a contingency basis. That means you don’t pay us a penny unless we get you money in your case. When you contact our office for a complimentary case evaluation, we will listen to the details of your fall, assess the merits of your case, and explain your rights and legal options. Calling us is totally risk-free. Case reviews at Roberts Wilson, P.A. are completely free of charge and obligation.
What Does a Slip and Fall Injury Lawyer Do?
An experienced attorney can help you navigate the complexities of these difficult cases. A slip and fall injury lawyer can:
- Act as your advocate if you were injured on someone else’s property
- Preserve evidence and obtain statements from witnesses
- Organize medical evidence for the claims process
- File a lawsuit and conduct an investigation through the discovery process
- Protect your interests with health insurance companies and medical providers
- Negotiate medical bills to save you money
You don’t have to face your injuries and the legal process alone. At Roberts Wilson, P.A., we can help you sort through the issues and decide the best winning strategy going forward.
How Do You Prove Negligence in a Slip and Fall Case?
Slip and fall accident cases can be extremely difficult to prove and account for some of the most difficult cases lawyers handle. In order to be successful in most cases, your attorney must prove the following:
- Duty of Care: First, your lawyer must prove that the property owner owed you a duty of care. That means that the property owner had an obligation to ensure the property was reasonably safe for anyone who was legally on the premises. Intruders and trespassers are not owed a duty of care when they are on a property illegally, However, if you were a guest at someone’s home, walking legally along a sidewalk, shopping at a store, etc.
- Breach of Duty: Once a duty of care has been established, your attorney must prove that the property owner, store manager, or other responsible party failed in their duty to ensure reasonably safe premises. Perhaps a property owner should have known about a hazard but did not. Perhaps a landlord knew of a broken staircase but failed to fix it. Or maybe a store manager failed to ensure that signs were placed to warn patrons of a recently mopped, wet floor.
- Harm: After proving a breach of duty, your lawyer must demonstrate that the breach directly caused you harm. This often involves proving that you suffered a physical injury due to dangerous conditions.
- Losses: Lastly, your attorney must prove that you suffered physical, financial, and/or emotional losses as a result of your injury. Proving this may involve providing evidence such as medical records, employment records, expert testimony, etc.
Proving negligence can be difficult, and require the knowledge, skill, and resources of an experienced slip and fall injury lawyer. If you were hurt on someone’s property, your first step toward justice begins with a free case evaluation with an attorney at Roberts Wilson, P.A. We will help you understand your rights and explain your legal options.
How Common Are Slip and Fall Accidents?
Slip and Fall accidents are alarmingly common. According to the National Safety Council (NCS), falls are the leading cause of non-fatal injuries in the United States (6,841,044 cases in 2020) and the third-leading cause of preventable deaths (42,144 deaths in 2020).
Additionally, the Centers for Disease Control and Prevention (CDC) reports that:
- In one recent year, medical costs for fall-related accidents totaled more than $50 billion.
- Falls are the most common cause of traumatic brain injuries (TBI).
- More than 95% of hip fractures result from falling (usually by falling sideways)
What Are the Most Common Causes of Slip and Fall Accidents?
We see all kinds of accidents in northern Mississippi. The causes of serious falls range from spills on grocery store floors to defective thresholds in doorways. Unfortunately, every fall carries the risk of being fatal. Below are some common causes of falls that we see.
1. Wet and Uneven Walking Surfaces
Wet and uneven surfaces account for the most common causes of slip and fall accidents globally. These types of accidents cause more than half of all reported falls in the United States. Common causes of falls on wet and uneven surfaces include:
- Freshly waxed or mopped surfaces
- Moisture collection
- Ice
- Cluttered Floors
- Poorly constructed staircases
- Defective sidewalks
- Parking lot potholes
- Worn out carpeting
- Loose mats
- Loose floorboards
Wet and uneven surfaces are a major cause of slip and fall accidents in various settings, including homes, businesses, and public areas. It is important for everyone to take steps to prevent these accidents by keeping floors clear and addressing any uneven or wet surfaces.
2. Weather
Due to its uncontrollable nature, weather is a major contributor to slip and fall accidents globally. Rain and snow can create hazardous conditions on public walkways. During the winter season, it is important to be cautious and take precautions. Building owners have a legal responsibility to maintain safe conditions by clearing sidewalks, plowing streets, and salting walkways. Failure to do so may result in liability for any accidents that occur. Many slip and fall settlements are the result of weather-related negligence.
3. Poor Lighting
Insufficient lighting in buildings and on walkways is a common cause of slip and fall accidents. The Occupational Safety and Health Administration (OSHA) requires that workplaces and other public properties be well-lit to improve visibility, especially for those walking at night. Employers must ensure that walkways, sidewalks, and staircases are properly illuminated to make it easy for people to navigate safely. Failure to provide adequate lighting can make the employer or property owner liable for any damages that occur as a result of a slip and fall accident.
4. Broken or Damaged Handrails
Handrails are devices that are attached to posts or walls to provide support as people walk on sidewalks or staircases. Many slip and fall incidents have been linked to the absence or malfunction of handrails. Handrails are especially important in bathrooms. If someone slips and falls on private property due to the lack of handrails, they may be entitled to compensation.
5. Nursing Home Neglect
It is unfortunate that there are a high number of slip and fall incidents reported in nursing homes. Many of the residents in these facilities are vulnerable and often left on their own, making it a common cause of slip and fall accidents in Mississippi. Elderly and sick individuals have a decreased sense of balance, putting them at a higher risk for slips and falls. These accidents can be life-threatening and exacerbate their existing conditions. It is the responsibility of the nursing home staff to provide assistance and monitor their movements within the facility to prevent such incidents.
6. Poor Job Training
Inadequate training is a major contributor to slip and fall accidents in the workplace. Both employees and employers must receive proper training to prevent such incidents while on the job. The National Institute for Occupational Safety and Health (NIOSH) and other organizations have developed guidelines to educate individuals on how to prevent slip and fall accidents. All workers should be properly trained on how to walk safely in their places of work, such as construction sites, healthcare facilities, and restaurants. If proper training is not provided, the employer may be held liable for any damages caused by slip and fall accidents.
7. Footwear
Improper footwear is a leading cause of slip and fall accidents. It is not only an issue for women wearing high heels, but also for those wearing work boots or sneakers. If shoes do not provide adequate traction, the risk of slipping and falling increases. It is important to wear shoes with proper traction to prevent falls.
Why Do You Need a Lawyer in a Slip and Fall Accident?
If you are dealing with the aftermath of a serious fall, it is extremely important that you protect your legal rights. You could be facing considerable financial hardships and a long-term recovery. Recovering full and fair compensation is essential for moving forward with your life.
Slip and fall cases can be extremely complex and require the skill of an experienced slip and fall injury lawyer for a number of reasons, including:
- Liability can be unclear
- Negligence can be very difficult to prove
- An attorney can communicate with insurance companies on your behalf
- A lawyer can negotiate a fair settlement with insurance companies that do not have your best interests at heart
- An attorney will develop your case properly
- A Lawyer can handle complex insurance issues
- An attorney will address complex medical billing issues
- A lawyer is familiar with complex legal standards
- An attorney will advocate for your rights and best interests, and fight for the maximum compensation to which you are entitled under the law.
Contacting an attorney after a slip and fall injury is one of the most important steps you can take to protect your rights and financial future. But it’s important to act quickly. You have a specific window of time in which you may take legal action and the other side may already be building its case against you. The sooner you contact the experienced lawyers at Roberts Wilson, P.A., the sooner we can begin gathering evidence to support your case.
Should I Get a Lawyer for a Slip and Fall?
Except in the clearest 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?
In the immediate aftermath of a fall, the steps you take can make a significant difference in your ability to recover compensation for your physical, financial, and emotional losses.
To protect your rights and best interests, consider taking the following steps:
- If in a public place, notify the manager for an accident report
- Seek medical attention
- Get witness names and contact information
- Make employees/managers 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 Is a Slip and Fall Case Worth?
Slip and fall accidents can result in a range of serious injuries that may require costly medical treatments and extended recovery periods. As a slip and fall victim, you may also be unable to work and earn a living during this time. Fortunately, the law allows for compensation to help make up for these losses. The amount of compensation that can be sought is based on the specific details of the case, but a slip and fall accident lawyer can seek compensation from the liable party for damages such as:
- Medical Bills (present and future)
- Pain and suffering
- Lost wages
- Loss of earnings capacity
- Home and vehicle modifications (such as ramps)
- Surgical costs
- Rehabilitation expenses
- Ambulance bills
- Loss of consortium
- Loss of enjoyment of life
Every slip and fall case is unique, so the compensation that one person receives for their accident may be different from that of another. The list above is intended to provide an idea of the types of damages that may be applicable in a case. To determine the specific value of your damages, it is important to speak with an experienced slip and fall injury lawyer in Oxford. Roberts Wilson, P.A. offers free case reviews to help you understand the merits of your case. Our attorneys take pride in serving clients in Mississippi and will pursue compensation on your behalf, so you can focus on recovering from your injuries.
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 or failing to warn about a dangerous or hidden condition, he or she may be liable for your injuries. We always give the other side an opportunity to settle before we file a lawsuit. A fair slip and fall accident settlement can save time and money if the issue can be resolved out of court.
Can I Sue My Landlord for Slip and Fall?
Yes, but reaching a successful outcome in a lawsuit against your landlord is dependent on the facts in your case. Under certain circumstances, a lawyer can help you obtain a recovery when a landlord has failed to discharge their duty to protect you. Your ability to recover damages in these situations depends on circumstances such as:
- Who was at fault
- Who caused the dangerous condition
- Who failed to warn about the dangerous condition
- 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 Injury Lawyer Charge?
At Roberts Wilson, P.A., 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 the 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
- We are easily accessible
- We help clients get paid more quickly
- We are more likely to file a lawsuit when necessary than an out-of-town or out-of-state lawyer
“Roberts Wilson has the best staff in town! They are the most professional people that are wanting to help you and make sure you are taken care of!”
Talk to a Mississippi Slip and Fall Injury Lawyer for Free
The slip and fall accident lawyers at Roberts Wilson, P.A. have been helping the wrongfully injured throughout Mississippi for more than a decade. We aren’t intimidated by big insurance companies and we don’t back down from a fight. We are committed to our community and every person in it. We work tirelessly to ensure our clients obtain the justice and compensation they deserve under the law.
If you were hurt in a slip, trip, or fall accident, contact Roberts Wilson, P.A. today online or at (662) 533-9111 for a FREE case review. We welcome clients from across Mississippi, including Oxford, Holly Springs, Batesville, Pontotoc, Desoto & Tate counties, and many other areas.