Slip and fall accidents happen quite often and can have serious consequences. You may be left facing medical bills, lost wages from time off work, and even chronic pain. Property owners can be held liable for injuries if they fail to deal with hazards they knew about or should have not about. However, proving a slip and fall case presents numerous challenges.
As someone who’s sustained injuries after being involved in a slip and fall accident, you are probably thinking of how you will go about pursuing compensation for your injuries and the pain and suffering you’ve had and will have to endure.
In such an instance, you should consider having a professional Buckhead slip and fall lawyer handle your case. Doing so not only allows you to rest and recuperate but also increases your chances of obtaining the highest possible compensation.
At The Hurt Boss, we have a highly-trained and experienced team of Buckhead personal injury attorneys that specialize in fighting for the rights of slip and fall accident victims. We help ensure that people like you receive the compensation they deserve by gathering evidence, negotiating with insurance companies, and more.
Call 678-806-7715 now to schedule a no-obligation consultation with our legal team and have your case reviewed for free.
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What Are the Most Common Types of Slip and Fall Accidents?
And while slip and fall accidents may seem inconsequential, there are instances when they can be life-threatening. At The Hurt Boss, we understand how dangerous these accidents can be and offer dependable legal counsel and representation to slip/trip and fall victims who’ve sustained injuries caused by all sorts of slip and fall-related accidents.
If you’ve slipped or tripped and suffered an injury while on another person’s or entity’s property, get in touch with us right away for assistance.
Common Causes of Slip and Fall Accidents Include:
- Unlit walkways and hallways: Unlit or poorly lit hallways and walkways, especially in apartment buildings can lead to serious slip and fall accidents.
- Structural defects or improper maintenance: Structural defects and improper maintenance are among the top causes of slip/trip and fall accidents in America. Examples include broken floor tiles, potholes, poorly constructed staircases, cracked sidewalks, etc.
- Malfunctioning or broken escalators and staircases: Accidents caused by these issues are often due to poor maintenance or negligence on the part of the property owner.
- Wet surfaces: Slip and fall accidents caused by wet surfaces are common in commercial spaces, nursing homes, offices, hospitals, and stores. Most wet surface slip and fall accidents are the results of a lack of proper warning signs, spills, or improper maintenance.
- Hazardous debris: Loose rubble and other types of debris are other common causes of slip and fall accidents and include leaf pile-ups, inappropriate dumping, and broken-off tree branches.
- Weather-related conditions: Weather conditions like ice and snow are quite notorious for causing slip and fall injuries.
- Failure to restrict movement or use signs: Property owners are required to use warning signs to indicate wet or slippery surfaces, particularly during cleaning. If that’s not possible, then restricting movement is advised to prevent slip and fall accidents.
How Can a Buckhead Slip and Fall Lawyer Help with My Case?
There are numerous benefits to having a professional slip and fall lawyer handle your case as a slip and fall victim with the main one being that personal injury lawyers have the legal expertise, experience, and skills needed to handle such claims.
Furthermore, working with a slip and fall attorney means you don’t have to deal with insurance providers – whose main goal is to ensure that they either deny your claim or lower the amount they pay you as compensation.
Before we even begin negotiations with an insurance company or property manager, we often start by collecting the evidence and witness testimonies needed to build a strong case that ultimately leads to you receiving the compensation you deserve.
Things a lawyer will do to help your claim include:
- Filing the case
- Collecting evidence
- Seeking expert opinion and witnesses
- Helping you determine the worth of your claim
- Making sure all legal processes and procedures related to filing a slip and fall claim are followed, etc.
- Negotiating for a settlement
- Representing you in court if necessary
What Steps Can I Take to Help My Slip and Fall Case?
As a slip and fall victim, there are several steps that you can take to ensure you secure the evidence you need to strengthen your claim after an accident.
If you do not have evidence to back your claim, then your chances of receiving compensation are quite slim. After the accident, make sure you:
Assess Your Environment
Identify the thing or situation that caused the accident. If the slip/trip and fall was caused by a spilled liquid, wet floor, broken flooring, loose carpet, or any other hazardous condition make a note of it.
Identify people who witnessed you falling. If possible, make sure you get the names and contacts of individuals who saw you slip/trip and fall or the conditions that led to you getting hurt.
Take photos and videos of the scene of the accident. Make sure you take photos of the condition or object that caused you to slip or trip as soon as the accident happens as it could get cleaned up or cleared away quickly.
Get an Incident Report
If the accident happened in a business place, make sure you notify the property’s manager or owner right away. Chances are you’ll be given a form to fill out or asked to explain what happened. Whatever the case, make sure you acquire a copy of the report they make.
Seek Medical Attention
Even if you feel like you weren’t seriously injured, still make sure you see a doctor right away for a checkup. In most cases, the doctor will create a medical report that outlines your injuries. This report plays a vital role in helping you get the compensation you need. If you take too long before seeing a doctor, the property owner could argue that you got injured elsewhere.
How Can a Slip and Fall Accident Be Proven?
Property owners in Georgia are required by law to maintain their premises and buildings at reasonable safety standard levels and to fix any hazardous conditions that crop up promptly. However, when accidents happen, it can be hard to prove that the owner or manager was negligent or is liable for the injuries you sustained.
In most cases, property owners and insurers will argue that you were partially or fully at fault for the accident. To prove that the property owner or manager was negligent, you’ll have to show that:
- They were aware of the hazardous situation or condition or should have been aware of it.
- They knew about the hazard but still didn’t take any steps to warn people about it or fix it.
- The property owner caused or is responsible for the condition.
- You weren’t aware of the hazard, meaning you could not see it in time, and there were no warning signs posted at the time the accident happened.
How Is Liability Determined in a Buckhead Slip and Fall Case?
In Buckhead slip-and-fall-accident cases, you – as the victim – have to prove that you didn’t know about the hazardous situation or condition that led to you getting injured.
However, if the hazard was “open and obvious” or in “plain view”, it could be hard to prove that the owner is responsible for the resulting injuries.
Questions you’ll get asked during the claims process include:
- Why were you or what were you doing on the property when the accident occurred?
- Did the owner or manager of the property issue any warnings about the hazard that led to your injury?
- Were you engaged in any activity(s) that could have contributed to the incident?
- Would a rationally sensible individual, in the same situation, have spotted the condition and avoided it if they were not distracted somehow?
Since Georgia is a comparative negligence law state, if you are found to be partly liable for your slip and fall accident, then the amount you are awarded as compensation will be lowered by the percentage you are at fault.
As such, if you were to receive $100,000 in compensation, you’d only be eligible to receive $80,000. Something worth noting is that in Georgia, compensation is only awarded to victims who are less than 50 percent liable for the accident. As such, if it’s determined that you are more than 49 percent to blame, you get nothing.
How Much Is My Slip and Fall Case Worth?
Since each slip and fall accident case is different, determining the exact worth of a claim can be difficult, especially without the help of a qualified Buckhead slip and fall lawyer.
To know how much your claim is worth, call us at The Hurt Boss to speak to our slip and fall attorney for assistance. With that being said, it’s worth noting that compensation in Georgia is generally awarded based on the injuries and damages a person has sustained.
Damages you can seek through a Buckhead slip and fall claim include:
- Economic damages: These cover losses that can be calculated and which have a specific monetary value. Things covered include medical bills, lost income, and future and present expenses.
- Non-economic damages: These cover incalculable and subjective losses like emotional anguish, suffering, disfigurement, pain, etc.
- Punitive damages: In some instances, victims are awarded punitive damages by the court as a means to castigate the wrongdoer for their misconduct.
Are There Any Time Limits for Filing a Slip and Fall Lawsuit in Georgia?
According to Section 9-3-33 of Georgia’s State Code, the statute of limitations for personal injuries – which include slip and fall injuries – is two years from the day the accident happened. That means you have two months from when the accident happened to file a claim for damages.
Get in Touch With the Best Slip and Fall Attorneys in Buckhead, Georgia
The law office of The Hurt Boss in Buckhead, Georgia, is made up of experienced and professional injury attorneys who are dedicated to building rock-solid cases that are backed by dependable and strong evidence.
At The Hurt Boss, before we even start the process of negotiating with the responsible party and their insurers, we always make sure that we’ve gathered compelling evidence and testimonies from experts and witnesses to ensure that we secure you the best possible settlement.
For assistance with your slip and fall claim call 678-806-7715 to speak to a professional Buckhead slip and fall lawyer from The Hurt Boss. Get in touch today and schedule a no-obligation consultation with our team and have your case reviewed for free.