Slip and Fall Injury in Fayetteville
If you are seeking to file a slip and fall injury claim against a negligent property owner in Fayetteville, Ga you may need the help of an experienced accident injury attorney.
Quite often these slips and falls are blamed on carelessness, not being cautious, or the plain fact of not paying attention. However, these falls are a result of negligence that could have been prevented. If you were injured in Fayetteville due to unsafe conditions, contact us today!
Understanding a Premises Liability Case
Each slip and fall case is different; there are standard legal terms you should consider every case.
Slip and Fall responsibility: Majority of instances the property owner is responsible for your injuries if that person was aware of the unsafe conditions or should have been aware of the unsafe conditions. Property owners have the capacity to keep the property safe, but will not be held accountable for slip and fall accidents that they could not reasonably prevent.
Slip and fall accident claims: If you are seeking compensation for your bodily injuries, you will need to file a slip and fall accident claim or lawsuit. When presenting a slip and fall lawsuit or claim you need to be prepared to present evidence from the scene that shows the owner of the property knew about or should have known about, a condition that caused your injury.
Slip and fall attorneys: An experienced slip and fall attorney can be critical to gaining compensation that is rightfully yours. Filing a slip and fall claim or lawsuit can be a challenging and menacing process that can be less stressful with the assistance of an attorney.
Preventing slip and fall responsibility: If you are a home or small business owner, obtaining insurance can protect you from financial loss due to slip and fall accidents that take place on your property. Although preventing slip and fall accidents is ideal, a good home or insurance business plan can be a lifesaver if an invited guest slips and injuries themselves.
What compensation might I be eligible for?
The categories of compensation that you are entitled to are the same that play into any personal injury claim. That means you could be awarded monetary value for:
- Medical bills
- Wage loss
- Pain and suffering, anxiety, and sleeplessness related to the accident and your injuries
- Temporary and permanent disability
- Loss of earning capacity
- Future medical expenses
What is an "Independent Medical Examination"?
If you are making a personal injury claim because you had a slip and fall accident, at some point in the examination the insurance company may ask you to submit an "independent medical examination" by a doctor of their choosing.
The insurance company is well within their rights to make this exam a required part of the claims process. During this exam, the doctor will ask you questions about the underlying accident and the specifics of your injury. Once, the exam is finished, a report will be prepared and sent to the insurance company.
Remember the doctor examining you is not for the purpose of treatment it is for the purpose of gaining information for the insurance company concerning the extent and nature of your injuries. It is vital you make the exam a priority, and you make the best impression possible.
Tips to prepare for the examination:
Keep your appointment- canceling your appointment could result in a suspended payment of your medical bills
Know what you are getting into-There is a good chance this doctor is keeping an eye out for any indication that your injuries are attributed to some pre-existing condition (not the underlying accident), or that you are not hurt as badly as you say you are.
Honesty is the best policy-Be polite, cooperative, and above all truthful.
Get organized-One way to be more prepared for the exam is to gather your thoughts on the medical history, the accident that led to the claim, your resulting injuries, and how these injuries have affected you. Some topics you could touch on:
- Your medical history, including past injuries
- How the injury occurred
- What areas of your body were affected
- When your injuries cause the most pain
- Treatment or medication that has been effective for you, and activities that have been affected or limited, including, your job, hobbies, family life, etc.
Most common property and business liability case types
Business liability for injuries: If you have been injured on a business property due to owner or worker negligence, you may be entitled to compensation. The law holds businesses responsible for making their properties a safe as possible. They must have sufficient safeguards to protect visitors from avoidable harm. Even though precautions are set in place, people get injured on the business property all the time.
These injuries can have an outcome of a personal injury claim and lawsuits costing thousands of dollars. As a way for businesses to protect themselves from high costs of these accident-injuries, owners hold property liability insurance, also referred to as premises liability insurance.
Residential injuries in homes and apartments: Homeowners insurance can be confusing. People are often unaware of what their policy covers and what it doesn't cover, or how to file an insurance claim when injured. Whether you are an invitee (contractors, landscapers, postal workers, and others) or a licensee (family members, social visitors, and friends), the homeowner has the responsibility to conduct a safe environment while invitees are present in the home. The law states that the homeowner must do everything reasonably possible to protect guests from dangerous acts, omissions, or conditions that could lead to injury.
Injuries in other locations: There are also other various places and circumstances people get injured. Often individuals are not aware they can be compensated for their injuries, some of the common injuries people undergo due to negligence:
- Parking lots or garages
- Sidewalks and walkways
- Public and government property
- Jail conditions and prison injuries
- Drug rehab centers
Dangerous conditions and other causes of injuries: It is an owner's obligation to keep their property free from dangers. If you suffered an accident due to dangerous situation, or an owner or employees negligence, you may be entitled to compensation. Common injuries such as,
- Accumulated ice or snow
- No wet floor signs
- Dangerous stairways
- Employee negligence
When should I hire an attorney after being injured?
Ordinarily, anytime you are dealing with the legal system, contacting legal representation is never a bad idea.
Most injury lawyers work off of a contingency basis, meaning no fee is taken from the client unless you win your settlement.' Furthermore, a certain percentage is taken via "contingency" from your winning case as a fee to your attorney. However; there are certain circumstances when calling an attorney is a must:
- Bills are piling up: If your accident has caused you a serious injury and resulted in expensive bills that nearly caused you to go bankrupt. For claims that only total in the hundreds of dollars, hiring an attorney may not be as demanding; however, for claims that total in the thousands of dollars, consulting a lawyer is highly advised. Another point, medical bills may not be the only expenses to consider. Any injury victim may also suffer from lost wages and benefits, pain and suffering, and other financial burdens.
- There is a dispute who is at fault: If the insurance company handling your claim will not offer you a settlement or a fair settlement because there is a dispute over who is at fault, that is a red flag to call a lawyer. Our Fayetteville Personal Injury attorneys can help you resolve the dispute, prove that the other party involved acted negligently, and work to recover you your full settlement as an ending result.
- Injuries are serious: If you sustained injuries that have a lasting effect on your life and your abilities, you should contact an experienced attorney. Serious catastrophic injuries that require an attorney include death, serious impairment of bodily function, chronic pain, brain injuries and permanent disfigurement. A serious injury may also qualify as an injury that disrupts your normal functions and abilities and is expected to last for a significant amount of time.
- Your accident is unique: In unusual instances such as traumatic brain injury due to an accident or falling on public property who is liable then? Against whom do you file a claim? If your accident type is specific and unique, and if you are unsure what steps to take to recover damages, you should consult with a Fayetteville lawyer for a free case consultation immediately.
Are property owners responsible for hazardous conditions?
Just because a person trips on someone else’s property doesn’t make the property owner automatically responsible for any resulting injuries. The landowner must have caused the unsafe condition or allowed it to persist. It is important to know that property owners don’t have to necessarily make their property perfectly safe. They are only required to make their property reasonably safe.
In the situation of a snow storm, a property owner is usually required to clear the snow and ice from the parking lot and sidewalks that other people are likely to use. But the property owner is not required to make the parking lot and sidewalks perfectly dry and clear. For this reason, a slip and fall right after a snow storm is not likely to hold to a valid claim.
Who should you speak to after your slip and fall injury?
Be very cautious about what you say and do after a slip and fall accident. Anything that you say can be used to downplay your injury or shift the blame to you.
Conversations with property owners, one of their employees, an insurance adjuster, or any legal counsel other than your own can hurt your case. Even simple phrases like "I'm okay," or "I didn't see that there,"could be used against you.If you have been injured in a slip and fall injury, seek medical attention immediately. Gaps in time from when the injury occurred from when you sought out medical treatment will weaken your claim.
Our Fayetteville Attorneys Will Help With Your Claim
Dealing with insurance companies and staying on top of the legal system can be demanding and burdensome, especially when you've sustained an injury, focusing on getting your health in order is challenging enough.
Call our Fayetteville, Ga legal team!
Our experienced slip and fall injury lawyers will answer any questions and determine if your case is strong enough to pursue a lawsuit. We offer a free case review and can start your claim today, click below to start!
