Lithonia Slip and Fall Injury Attorney
The average person typically wouldn't relate a slip and fall accident as being a detrimental event. However; when there is negligence involved making an individual suffer harm that initially could been prevented, legal actions come into play and compensation can be awarded to the injured party, our Lithonia Slip and Fall Attorneys can help you.
If you are seeking to file a slip and fall injury claim our attorneys are exactly what you need. Our Lithonia lawyers will gather evidence, calculate damages, and identify who is at fault for your loses. Start your free case evaluation, Click Below.
Understanding your Slip and Fall case in Lithonia, GA
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 responsibility to keep the property safe, but will not be held accountable for slip and fall accidents that they could not reasonably prevent.
What are the legal terms of a slip and fall injury?
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 kind of 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
- Stump-and-fall accidents, where there is an impediment in the walking path
- Step-and-fall accidents, where there is an unexpected failure or hole in the walking surface
- Slip-and-fall accidents, in which the interface of the shoe and the floor fails, usually because of a slick surface.
What is premises liability ?
Premises liability is a legal concept that typically goes along with slip and fall personal injury cases where the injury was caused by some type of 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 2 main elements for determining fault in a Lithonia premises liability claim:
- Whether or not the property owner acted reasonably to prevent a dangerous condition,
- Whether or not the injured party was exceedingly careless
During the initial investigation our Lithonia slip and fall lawyers will determine 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 does it mean to be "reasonable" in a slip and fall incident ?
Any negligence claim often revolves around the fact of whether the defendant acted reasonably. In narrowing down a property owner's "reasonableness," the law investigates on whether the owner makes regular and thorough efforts to keep the property safe and clean. The following are questions you can address to determine the property or business owner may be liable for your injuries.
- If you tripped over a torn, broken, or bulging area of carpet, floor, or ground, or slipped on a wet or looses area, had the dangerous spot been there long enough that the owner should have known about it?
- Does the property owner have a regular procedure for examine and cleaning or repairing the premises? If so what proof does the owner have of this regular maintenance?
- If you tripped over or slipped on an object someone had placed or left on the floor or ground, was there a legitimate reason for the objects to be there?
- If there once had been a good reason for the object to be there but that reason no longer exists, could the object been recovered or moved or otherwise made safe?
- Did poor or broken lighting contribute to this accident?
- Could a simple barrier have been created or a warning been given to prevent people from slipping or tripping?
When filing a slip and fall claim time is of the essence
A Georgia slip and fall lawsuit must be filed within a specific amount of time. This specific time frame is know as a Statue of Limitations (SOL) and differs from state to state. 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. 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 Lithonia attorneys to assist with all legal knowledge.
Don't be mistaken, just because there is such a long period of time 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.
When should I hire a Lithonia attorney after being injured?
Ordinarily anytime you are dealing with the legal system, contacting legal representation is never a bad idea. Most Lithonia Personal 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. 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, if you are battling the insurance companies call a lawyer. Our Lithonia premises liability attorneys can help you resolve the dispute, prove that the other party involved acted negligent, 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 call an experienced attorney as soon as possible. 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 Lithonia lawyer for a free case consultation immediately.
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 isn't for the purpose of treatment it's for the purpose of gaining information for the insurance company concerning the extent and nature of your injuries. It's vital you make the exam a priority and you make the best impression possible. Your Lithonia attorney can also guide you through the process and make sure you are fully prepared in the event that you are requested to have an independent medical examination.
Why is it important to document detail of your slip and fall incident?
If you fall in a store or a common place where normal protocol for the business is to construct a report 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 record yourself.
- A complete description of the circumstances leading up to the fall, including the condition of the ground or floor, presence of any debris or objects, etc.
- 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
Our Lithonia Attorneys Can Help With Your slip and fall claim
Whether you were injured in a trip- and -fall accident, step-and-fall accident, or a slip-and-fall accident, you should contact our Premises Liability attorneys who have experience with these types of cases.Its important to know your claim must be filed within a specific amount of time in order to increase your chances of a winning case. Even if you do not know the extent of your injuries, it only makes sense to contact a Slip and Fall Lawyer in Lithonia so you can learn your options. Click below to start!
