Getting injured is something you can never prepare for. You didn’t just fall for no reason, so someone has to take responsibility for events during the incident. Sometimes we have an accident because we are clumsy or not paying attention. What happens when you are injured due to someone else being careless?
You may have been in an accident caused by a negligent property owner who knew about a problem and failed to address it adequately. This negligence may have been the reason you are injured, out of work, and with medical bills. Of course, this is unacceptable, but can you sue someone because of it?
Whether it’s a faulty railing, a spill that was unattended to, any obstruction, or any other known factor a property owner knew about but did not address. You should not be left dealing with an assortment of bills. It was not your fault that someone else’s property was not maintained properly. You are not alone in your legal journey. You can file a case with a Georgia personal injury lawyer at The Pendergrass Law Firm, who have recovered millions for injured clients, are available to help.
What Should You Do After a Slip and Fall Accident
If you slip and get injured on someone’s private property, such as a neighbor’s property, there are some steps you can take to help protect your rights. Along with protecting your rights, you can use this time to create a record of the incident, which may help you to get compensation for your injury. Here is a list of some things you should do after you have been in a slip-and-fall accident:
Seek Medical Attention
Anytime you are in an accident, visiting your doctor or an urgent care facility is a good idea. Not only is this an excellent way to document any potential injuries, but it is a good idea to make sure your health and safety are not affected. Seeking medical attention will also create records of your injury that can later be used as evidence when you pursue compensation in court.
Speak to Witnesses
It is always a good idea if anyone else was present or nearby when you fell to get their name and phone number in case you need them later as a witness. If someone saw your slip and fall injury, they could give important testimony, which could lead to getting your compensation. Always get an incident report from anyone you can that witnessed the mishap.
Inform the Property Owner
Once you have gathered your bearings and gotten statements from the people at the accident scene, if any, you want to contact the property owner. It would be best if you informed them of the accident that occurred. Give only a little information that could put you at fault or make getting compensation for the fall more difficult. Before making any statements, you should call and talk with a lawyer, as it can help protect your interests.
Document Any Hazards That May Have Aided in the Injury
Make sure to take pictures of where the slip and fall injury occurred immediately after it happens. Take photos of where you fell, the condition of the area the accident occurred, and images of anything you may have fallen on. This is evidence that can easily be fixed by the property owner after the fact.
Document Your Injury
While visiting with your doctor, review any damages you may have sustained. Try to document any of the injuries yourself by taking pictures of all the resulting marks and other associated losses. Keep a record of your medical treatments. Make sure to have a detailed list of all the costs of any property damage or repair expenses as well as any injury.
Recoverable Damages for a Slip and Fall Accident
Possible economic and non-economic damages that you may be able to recover through a personal injury lawsuit for a slip and fall accident include:
- Medical expenses- This includes the premiums you pay for insurance that covers the expenses of medical care, and the money you pay for transportation to get medical care.
- Property damage costs- If you are responsible for an accident, this will take care of the cost of repairing or replacing another person’s property.
- Lost income- Income lost due to injuries from an accident.
- Pain and suffering- The physical discomfort and emotional distress that are compensable as non-economic damages.
- Mental or emotional distress- Distress from an experience that makes it difficult to love your life normally, like the trauma of a car accident or construction work injury.
The Statute of Limitations Can Affect Your Lawsuit
Civil lawsuits have a time frame in which you are allowed to file a claim. This time frame is known as a statute of limitations. You are only authorized to pursue compensation for your injuries within this state-mandated time frame.
Two years is the maximum allotted amount of time to file your claim, in the state of Georgia. Though this may seem like more than enough time to file your claim, it is crucial to get started on your case as soon as possible so we do not lose access to time-sensitive evidence that could be used to prove liability for your slip and fall injuries.
How Will the Court Determine Liability?
When determining how much a person should be at fault in a personal injury case, such as a slip and fall, the court will consider multiple critical factors in finding the liable party in the case. You can expect the civil courts to look at all the evidence to determine the level of fault each party is accountable for.
The court will look at the following:
- What reason was the person on the property to begin with
- How was the property being used by the individual that was hurt?
- If the accident was foreseeable by the property owner
- If there was any work done to help avoid the accident that occurred.
What To Do When The Property Owner Fights Back
Not every case will be a slam dunk. Sometimes, the property owner will only go down with a fight, even if in the wrong. For a successful claim, you will need enough evidence to prove the property owner’s negligent actions caused you direct harm resulting in damages.
Most of the evidence that will be used in the case had already been gathered following the accident. However, video surveillance can be helpful if it is available, so be sure to check for possible footage to use as well.
It is also crucial to file a lawsuit against the correct party. Sometimes more than one party can be held liable, and being able to decipher who the responsible party is can become a task. Be sure to go after the right person when filing a lawsuit.
Stating that you were reckless will be another possible defense the property owner will use. They will pull out any trick they can to prove the accident was your fault because if this is demonstrated in court to be accurate, then your case will be dismissed.
As in any legal matter, the defending party will have the opportunity to defend themselves against your accusations. Most of the time, property owners will use the defense that the person was not a guest when the injury took place. The property owner will argue that you were trespassing when it occurred and that you have no authority to file a claim.
Winning Your Case Will be a Process
You will need to discuss your situation with a lawyer to determine if you have a claim. This can be both lengthy and frustrating as several legal issues need to be resolved. When you get legal help from The Pendergrass Law Firm, our team will take several steps to build your case. We will:
- Meet with you to discuss the details of your case and evaluate it to determine whether there was negligence, what the compensation may be worth, and who may be at fault.
- Investigate the accident scene and gather evidence from the investigation and scene of the accident.
- Go over any witness statements.
- File all paperwork per court requirements and deadlines of your state.
- Hire experts to testify as to how the accident happened.
- Talk with experts to determine the minor details of your case that could make a significant impact on the outcome.
- Negotiate a fair settlement that can give you closure as well as a piece of mind.
- Prepare your lawsuit in case it must go to trial.
Meet With a Lawyer at The Pendergrass Law Firm for Help Today
The trauma you endure from a slip and fall could have a lasting impact on your life. It would be best if you were not forced to absorb the consequences of someone else’s negligence.
We will work tirelessly to hold the liable party accountable and compensate you for your damages. Contact an experienced personal injury lawyer at The Pendergrass Law Firm today. Schedule your free, no-obligation consultation when you complete our online contact form or call our office.
