Slip and Fall Accident Lawyer Serving the McKinney Area
Thousands of people are injured each year — some very seriously — when they slip, or trip and fall. Sometimes the property owner is responsible for the slip and fall accident, and sometimes he or she is not. If you have been injured in this way, consider some of the following things.
- A property owner or occupier cannot always be held responsible for trip and fall hazards.
- A property owner cannot always be held responsible for someone slipping or tripping on something that an ordinary person should expect to find there or should see and avoid.
Slip and Fall Lawsuit Requirements
- The owner of the premises or an employee must have known of the dangerous surface but done nothing about it, or
- The owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.
- Sometimes what the owner or occupier did to fix the slip and fall danger was inadequate. Judges and juries then determine whether the steps the owner or occupier took to keep the property safe were reasonable.
Slip and fall cases can be difficult to win in court because there is no exact method for proving that a property owner, occupier or employee owes you compensation for an injury that occurred on the property. Generally, you must prove that there was a dangerous condition caused by the person you are suing and that your injury was a direct result of the condition. If you wish to pursue a slip and fall injury case, you call Joe Lucé and his team. Joe will be glad to meet with you at no cost for a free consultation regarding your case.
Common Causes of Slip and Fall Accidents
Each year, over one million people find themselves in the emergency room due to a slip and fall accident. The effects of such an incident can vary in scope, including just minor bumps or bruises to the most extreme: death. When it comes to actual slip and fall incidents, there are numerous common causes.
- Wet Surfaces – Over 55% of all slip and fall accidents occur due to wet or uneven walking surfaces. This includes cluttered floors, potholes in a parking lot, defective sidewalks, waxed floors, or recently mopped floors.
- Weather Conditions – Weather conditions are often quite common causes for slip and fall accidents. Rain, ice, and snow often lead to dangerous walking conditions, especially out in public spaces.
- Fraud – Unfortunately, fraud is a common cause for slip and fall accidents. The claimant may have simply set the stage for their very own fall, allowing them to cash in.
Slip and Fall Case Settlement
If you happened to have been injured in a slip and fall accident due to hazardous conditions that were beyond your control, you could file a lawsuit against the owner of the property or the business where the accident occurred. You generally want to consider exactly how much you could receive from a settlement due to a slip and fall case. The amount you receive depends on a few different factors, of course.
Your medical bills will play the largest part in determining exactly how much you receive from a settlement. This is why so many attorneys will advise their clients to keep track of absolutely everything related to their injury treatment as a direct result of the accident. A valid slip and fall claim is worth the value of any medical bills you have acquired since the incident, at the very least. However, you could be entitled to pain and suffering damages, too. Keep this in mind when beginning the process.
Slip and Fall Accident Compensation
To determine the amount you are owed from a slip and fall accident, you must keep track of all of your medical bills, lost income, and rehabilitation costs. Gathering these medical bills and paperwork together should be your first step after receiving comprehensive medical care from a local facility. A professional attorney will require this information to effectively fight the case.
There is no actual law written that states a person requires a certain amount of compensation for their pain. To determine such compensation – for which you can settle in court or out of court – you must have valid proof of injury from the accident and the bills you were forced to pay because of it. This does include the loss of work hours from being unable to function properly as a direct result of the injury you experienced. A personal injury attorney will guide you through this and make the legal process easier.
What to Do After a Slip and Fall Accident
If you’ve been involved in a slip and fall accident, you should first and foremost seek medical attention. Even if the crash did not cause severe injuries, you should speak with a medical professional to document any minor injuries. A slip and fall accident can be costly. If another party or business caused the fall, a lawsuit can help you recover damages for medical expenses, lost wages, or pain and suffering.
If you’re not seriously injured, consider inspecting the area where you fell. When possible, take a few pictures. If anyone saw the accident, speak with them to receive their take. Lastly, follow proper procedures with the store or mall. Many places of business have slip and fall accident reports. You should not go out of your way to mediate or resolve the issue with the store. Simply make them aware of the situation. Your lawyer will handle the rest.
Who Is Responsible If I am Injured in a Slip and Fall Accident?
If, for any reason, you slip and fall while on someone else’s property, the owner of said property is the individual responsible for your injuries and accident. When it comes to a personal injury case, determining liability is the key element to winning. Thousands of individuals are injured each year due to slip and fall accidents. If said accident occurs in a department store, someone else’s home, a shopping center, or a corporate business, the owner of the business or home is at fault for your accident.
In the legal sense, you would bring a lawsuit against the owner for damages relating to your injuries. This includes medical bills, medication costs, rehabilitation, loss of work hours, and even emotional trauma from the accident itself. A professional attorney can help guide you through the entire process and fight on your behalf.
What Steps Should I Take If I Have Been Injured in a Slip and Fall Accident?
When it comes to a slip and fall accident, your first priority is to ensure you have received the correct medical care for your injury. This includes visiting the hospital or your medical doctor, receiving medication for the pain, and perhaps even undergoing rehabilitation if the injury requires it.
Next, your best option is to seek out a professional personal injury attorney who can fight on your behalf. This individual will guide you through the entire process of filing a personal injury claim against the liable party. Finding the liable party will be extremely important for the case. Determining the individual who is at fault for the incident will ensure your case is viable and can be brought to a court of law. Most personal injury cases, however, will end in a settlement. To fight for a settlement, you require someone with a complex understanding of the law.
As it relates to slip and fall accidents, premises liability states a property owner or controller knew of a condition that posed a risk of harm. Additionally, steps were not taken to deal with the risk, and this negligence caused injury.
In most cases, property owners aren’t liable for injuries to contractors. However, if it can be proven a property owner was aware of a danger, they may become liable.
Insurance companies represent the interests of their policyholders and will try to reduce any potential damages. Working with an experienced attorney means you will be vigorously represented in support of your claim.