McDonough Slip and Fall Injury
If you are seeking to file a slip and fall injury claim, hiring an McDonough, GA slip and fall attorney is exactly what you need to do.
Have you been injured on someone else's property due to hazardous conditions?
Quite often these slips and falls are blamed on carelessness, not being cautious, or the plain fact of not paying attention.
But occasionally these falls are a result of negligence that could have been prevented. If you were injured in McDonough due to unsafe conditions contact us today!
What defines premises liability?
Premises liability is a legal concept that typically goes along with 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 premises liability claim:
- Whether or not the property owner acted reasonably to prevent a dangerous condition.
- Whether or not the injured individual 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.
Most common property and business slip and fall liability case types
Business liability for injuries: If you have been injured on business property due to owner or employee negligence, you may be entitled to compensation. The law holds businesses responsible to make their properties a safe as possible. They must have adequate safeguards to protect visitors from avoidable harm. Even though precautions are set in place, people get injured on business property all the time. These injuries can have an outcome of a personal injury claims and lawsuits costing thousands of dollars. As a way for businesses to protect themselves from high costs of these accident-injuries, owners carry 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 home owner 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 locations and circumstances people get 
injured. Often individuals aren't 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 owners 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
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
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 in 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 McDonough personal injury 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 contact an 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 McDonough lawyer for a free case consultation immediately.
Who is 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
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 McDonough Attorneys Can 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 injury, focusing on healing and getting your health in order is challenging enough.
Call our Georgia injury team today! Our McDonough slip and fall attorneys 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!
