Jonesboro Slip and Fall Injury Lawyer
Injured in a Slip and Fall Accident in Jonesboro, Georgia?
Get the help you deserve, our Premises Liability Lawyers have over 20 years of trial experience in slip and fall accident cases.
The average person typically wouldn't relate a slip and fall accident as being a detrimental event.
However; when there is negligence involved and an individual suffers harm that initially could been prevented, legal actions come into play and compensation can be awarded to the injured party.
If you are seeking to file a slip and fall injury claim, contact our Georgia Law Office is exactly what you need. Our Jonesboro injury attorneys will gather evidence, calculate damages, and identify who is at fault.
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What Does Premise Liability Fall Under?
Premises liability is a legal concept that typically goes along with personal injury cases where the injury was caused by an unsafe or defective condition on someone's property.
Most personal injury cases are based on negligence, and premises liability cases are no different.
There are two main elements for determining fault in a premises liability claim:
- Whether or not the property owner acted reasonably to prevent a dangerous condition,
- Whether or not the injured party was careless
During the initial investigation, it will be determined if the cause of the accident was due to a pre-existing dangerous condition, and if it could be prevented by owner action.
Further, whether or not the injured person could have anticipated the hazards of the area from prior conditions is also important this is the "avoidance of obvious danger" element.
For the injured person to have a solid case, the owner of the property must have known about the hazardous condition and been negligent in resolving it.
The hazard must have been present long enough for the owner to have sufficient time to resolve the problem before the incident occurred.
What are Common Types of Slip and Fall Accidents?
The owner of the property you were injured could be held liable for your injuries. It must be proved first, however, that the owner was negligent before they can be held liable.
A slip and fall accident can happen on any property-private, commercial, or government-owned.
There are four general types of “fall” accidents which could lead to the filing of a personal injury claim or lawsuit.
- Trip- and -fall accidents, where there is a foreign object in the walking path.
- Slip-and-fall accidents, in which the interface of the shoe and the floor fails, usually because of a slick surface.
- Step-and-fall accidents, where there is an unexpected failure or hole in the walking surface.
- Stump-and-fall accidents, where there is an impediment in the walking path.
Are Property Owners Responsible for Hazardous Conditions?
Just because a person falls 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.
When Filing a Slip and Fall Claim Time is Important
A slip and fall lawsuit must be filed within a specific amount of time. This specific time frame is known as a
Even if you have a valid cause of action to sue, missing the SOL will cause you your case. Generally, for a slip and fall matter, the SOL would be around one to two years.
The deadlines usually increase when there is a minor involved, typically for the reason of slowing time waiting until the child becomes of age, get contact information and statements from witnesses, if any.
Act efficiently and quickly. Witnesses move, evidence disappears, and memories fade.
Don't rely on opposing parties, insurance adjusters, or their attorneys to help you with your slip and fall claim.
You must take charge, gather your own evidence, pursue your compensation, and hire our Jonesboro Hills attorneys to assist with all legal knowledge.
Don't be mistaken, just because there is such a long period before a lawsuit must be filed, doesn't mean you can sit back and do nothing.
Be proactive with your claim, don't wait for a large settlement to magically fall into your lap. Gather all helpful information right away. Medical care and treatment, including all expenses. Take photos right away if possible, this way you have factual proof of your injuries.
Be careful who you converse with 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.
Why it is Essential to Document the Details of your Slip and Fall Incident?
If you fall in a store or a common place where the normal protocol for the business is to construct a report, then yes, make sure an accident report is completed at the time of the accident.
You do not need to sign anything or give any lengthy statements (in fact, you shouldn’t), just have the business take note of what happened, who witnessed it, and any other relevant information.
Make sure you receive a copy of the report, or in the case that the business failed to generate a report, you can keep a record for yourself.
- A complete description of the circumstances leading up to the fall
- What you felt, heard, and saw at the time of the incidence
- Who was present
- Any comments made by those who saw or helped after the fall
Take pictures of the area where you fell. If you were physically hurt, seek medical attention and hold onto any records and bills related to your treatment.
Typical Questions Presented Slip and Fall Depositions:
Compiling a report and documenting all evidence after your injury is detrimental to constructing a solid case. During the deposition process, the defense attorney will address very specific questions based on "what exactly happened" the day of your accident.
Depositions in personal injury cases are typically divided into several parts: background questions, how the accident occurred, and the plaintiff's damages and injuries, including medical history.
Background questions are usually based on the plaintiff's education, family, military, and employment background, as well as whether the plaintiff has a criminal record.
During the deposition, you will have to tell the defense attorney exactly how you got hurt. You will have to explain in painstaking detail every minute of the incident.
Do give a further explanation here are example questions of what the plaintiff would be asked during a deposition where the injured had slipped on ice:
- What were you wearing on your feet?
- Where were you looking while you were walking?
- Were you looking down?
- Do you usually look down when you walk?
- Wouldn't you say its safer to look down when you walk?
- Exactly where did you slip?
- How did you fall?
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
Contact our Jonesboro Attorneys For Help
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 Jonesboro attorneys now!
Our experienced lawyers will answer any questions and determine if your case is strong enough to pursue a lawsuit.
Our top-rated Jonesboro Slip and Fall Attorneys offer a free case review and can start your claim today!