Jones & Swanson

Slip and Fall Injury Claim Facts

Most Americans have friends or family members that have been injured in a slip and fall or trip and fall accident. Perhaps you yourself have fallen. After auto accidents, slip and falls are the second leading cause of injuries in the U.S. They are the number one cause of accidents in households, restaurants, hotels, and public structures. Falls account for over 8.9 million emergency room visits in the U.S. each year.

Because slip and trip and fall accidents are so common in the United States, it is important to take necessary precautions within your home and workplace to prevent falls. This may include securing phone and electrical cords so they are not in traffic areas, removing all non-skid mats and rugs, and removing boxes, paper, toys, shoes, and other materials that can cause tripping from stairs and walkways. Walkway conditions should also be checked and damages repaired periodically. Clean up spills and wet areas right away and do not stand on chairs or tables with wheels.

If you or someone you know fall and are injured due to another’s negligence, a slip or trip and fall claim may be brought against that party. You may bring a suit for compensation for medical bills, pain and suffering, and loss of the ability to work. Below are a few lesser-known facts about slip and fall injury cases:

  • Slip and fall accidents are tort or civil cases, which means they are private lawsuits where one person brings suit against another in an effort to recover monetary reparations.
  • Slip or trip and fall accidents can occur either in public or private locations. Usually, slip and fall cases are brought for incidents that occur in stores, restaurants, or other public places. Sometimes unsafe conditions in a person’s home which you visit can cause you to fall and become injured, in which case you may be able to recover damages from their homeowners insurance. These private property suits are often more difficult to bring than those that occur at public locations.
  • Slip and fall injury standards vary depending on where the accident occurred. Public businesses have a greater duty of care. They must ensure safe premises because you are an invited guest. Private homeowners do not owe guests the same duty of care, though. For this reason, it’s harder to prove negligence in fall accidents that occur in private homes.
  • Personal injury attorneys can aid you in bringing a tort case. If you decide to sue as a result of injuries sustained in a fall, an experienced injury attorney can help file the required paperwork and gather evidence essential to do so.
  • It is up to you to prove negligence in your case. In the event that you fall and injure yourself, the property owners are liability only if they breached legal duties which caused the fall. Plaintiffs are required to prove that the defendant was negligent in creating the conditions that caused your fall.
  • Plaintiffs will have to prove damages, which means proving that you suffered harm which you should be compensated monetarily for.
  • Recovery amounts may be reduced if your own neglect contributed to your injuries. Most state laws allow for recovery even if the accident was partially your fault, but the amount of compensation will likely be reduced.
  • Monetary damages recovered will depend on the extent of your injuries. The worse your injuries and suffering, the more compensation you will likely receive to pay for medical bills, distress, loss of the ability to work, and pain and suffering.
  • Most injury claims settle outside court. Contrary to popular belief, a majority of personal injury fall cases will settle out of court. This means you do not have to go to trial because the defendant will offer you an acceptable settlement amount. It is many times better to settle your case than to take it to trial because the fees associated with trial will make your end recovery amount much less than if you were to settle.

Looking for a lawyer for a slip and fall in Marietta? If you or someone you know are injured in a trip or slip and fall accident as a result of another’s negligence, contact our Marietta injury lawyers right away for information on what steps to take next. We understand your need for compensation to pay medical bills and others that may be piling up due to your inability to work. Our attorneys and staff have over 40 years of combined experience and want to help make this process as easy as possible. Contact us today at (770) 427-5498 for a free consultation and information.

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