It only takes a split second for a slip-and-fall accident to occur, and these are unfortunately common. A slip-and-fall accident is no laughing matter. These incidents lead to about 1 million visits to the hospital each year, according to the National Floor Safety Institute.
These accidents can cause serious injuries and even lead to death. The physical trauma and mental anguish they create can be long-term. Also, while recovering from slip and fall injuries, there can be the stress of medical bills that pile up and lost wages.
Are you injured because of a slip-and-fall accident? Are you wondering whether you are entitled to receive compensation for your injuries?
Kiley Law Group would like to help you learn whether you are entitled to compensation for your accident. We can help you determine whether negligence was involved. We can also help establish which party is at fault for the negligence.
Contact us by calling or texting us at (888) 435-1321. We are ready to assist you in determining what type of compensation you are entitled to and how much.
What is a Slip-and-Fall Accident?
In exact terms, a slip-and-fall accident is the result of two individual events. First, the slip. This occurs when there is insufficient traction between the surface being walked on and the bottom of a person’s foot. Second, the fall. This is when a portion or the whole body collides with the floor, ground, or another object in the vicinity of the person.
Similar to a slip is a trip. Both involve a foot losing traction with the ground or floor. A trip can result when one’s walking path is obstructed. Either a slip or a trip can cause serious injury, especially when included in a fall.
What are Some Common Causes of Slip-and-Fall Accidents?
What situations or circumstances can create slip-and-fall accidents? Really, a variety of hazardous environments can contribute to these types of accidents.
Here are a few examples of the most common settings that can easily result in an injury because of a slip-and-fall incident:
- Wet floors and uneven flooring
- Broken sidewalks or a carpet with tears
- Steps that are lifted or lowered and there are no warning signs
- Locations with insufficient lighting
- Areas with flickering lights
- Stairs that are broken, missing tread, or lacking handrails
- People movers, such as moving walkways, elevators, and escalators
- Areas that are cluttered by items such as boxes, products, or shelving that block or disrupt safe movement
- Unguarded construction or city machinery, equipment, or manholes
- Any other unsafe environment that does not have a warning, clearly visible hazard signs, or a barrier that prevents entry
The laws related to slip and fall cases can be complicated. Additionally, each accident has its own unique circumstances. An endless number of variables can affect the issues of who was negligent and in what way. If you experienced a slip and fall injury, you could be entitled to receive compensation.
If you do not see the circumstance of your slip or trip injury mentioned above, what should you do? You should speak to a personal injury attorney right away. By doing so, you can find out if your accident and injury entitles you to receive compensation.
How to Establish Negligence in a Slip-and-Fall Accident?
Although falling down is not fun and can cause harm and injury, a fall in itself does not show negligence on the part of another person. Proof of negligence is essential in establishing your right to compensation.
Personal injury attorneys can aid you in developing a case that shows that a property owner was negligent and therefore responsible for your fall and injuries.
To prove a negligence claim, it must be clear that the party responsible for the property was inattentive, careless, or similarly derelict. Typically, four points need to be identified and included in a negligence claim:
- Duty of care: It must be proven that within the area of the accident, a property owner needed to make efforts to protect the slip-and-fall victim. The idea is that the property owner should have taken actions and precautions to create a safe environment, or he or she should have warned people of the potential for injury.
- Breach of duty: It needs to be established that the property owner breached the legal duty of care. This breach of duty can be the result of negligent actions or inactions on the part of the property owner.
- Causation: The property owner’s careless actions or failed inactions must be clearly linked to the accident and subsequent injuries.
- Damages: Proof must be established which connects the accident to the injuries and losses of the victim.
There are occasions when a slip-and-fall accident is the result of our own carelessness and inattention. At other times, a property owner may not have taken sufficient actions to prevent an unsafe condition. He or she might have failed to make reasonable efforts to warn people entering the property of conditions that were hazardous.
To help you know for a certainty whether your slip-and-fall is your fault or because of the breach of duty of a property owner, you should speak with an experienced lawyer. With his or her help, you can analyze the circumstances and events that led to your accident.
Your attorney can compare the evidence and facts with the requirements of the law on this topic. With the help of a knowledgeable lawyer, you can learn whether you are entitled to compensation for your slip-and-fall injury.
What Types of Compensation May You Be Entitled to Receive?
A slip-and-fall accident victim has the right to obtain financial restitution for injuries. What type of compensation is he or she entitled to receive?
In slip-and-fall cases, compensatory damages can often be obtained for monetary expenses that have accumulated because of the accident and injury. Additionally, compensation can be awarded for non-monetary reparations and punitive damages.
Monetary expenses
A victim is entitled to compensation for the expenses that he or she has incurred as a direct result of the accident and injury. These may include recent medical bills, future medical services deemed necessary because of the accident, and attorney fees.
Financial compensation can also include expenses related to the cost of household adjustments because of the accident. This may include such things as the cost to remodel portions of the home for wheelchair access or something similar because of physical limitations inflicted by the accident.
Not to be forgotten are also small items damaged in the slip-and-fall accident. These, too, can be compensated. This could include the cost of repairing or replacing personal items such as expensive wristwatches, cell phones, and jewelry. If these items were damaged in the accident, you could be entitled to compensation for them as well.
Non-monetary damages
Frequently the most common form of non-monetary damages is pain and suffering. Yet, there may also be mental anxiety, depression, and other forms of intense stress experienced due to the accident and associated injury.
This category can also include the loss of companionship resulting from the injury. A personal injury attorney can significantly help you in determining a financial amount of compensation that is adequate and fair for these damages. Although non-monetary damages do not have a fixed compensatory amount, they are painful and terrible, and you are entitled to compensation for your suffering.
Punitive damages
In some cases, punitive damages can be added to the compensation a victim is entitled to receive. Punitive damages are included to penalize property owners who demonstrate blatant negligence or reprehensible disregard for protecting persons from a dangerous environment that he or she is legally responsible for maintaining.
In order for you to obtain the most financial compensation possible, please speak with a personal injury attorney. He or she can help you identify all your injuries, their costs, and the degree to which the guilty party is at fault. With these facts, your attorney can give you beneficial advice. He or she can present you with accurate options and valuable legal representation for your case.
Kiley Law Group Can Help You Get the Compensation You Are Entitled to Receive
At any time, anywhere, and without notice, a slip-and-fall accident can occur. If this has been your experience, your health and financial outlook could be in jeopardy. Receiving the compensation you are entitled to can help prevent a financially stressful and unstable future.
Just as you may physically need assistance getting up after your actual fall, you will need legal assistance when filing a slip-and-fall claim. You want to be sure to get the maximum compensation you are entitled to receive.
Kiley Law Group can help you receive fair compensation. We can help you navigate the complex laws related to slip-and-fall accidents.
Call or text us today at (888) 435-1321. We are ready to assist you in taking actions that legally protect and benefit you after your slip-and-fall accident.
