When you visit a property that is owned and maintained by someone other than yourself, you have every reason to expect that your visit will be free from hazards and avoidable safety issues. Situations where someone is injured on someone else’s property are known as premise liability cases, and they are a common issue in personal injury lawsuits in both Gwinnett County and the rest of the United States. The core issue around these cases is that the injuries could have been avoided with proper maintenance and/or care to the property, whether stemming from something like a faulty handrail on a public staircase, a slippery ramp at a government building, or a wet floor in a shopping center. These are only a few examples of slip and fall cases, but we will go into greater detail about a range of cases in the following sections.
Contact a Slip and Fall Attorney if You’ve Been Injured
If you have been injured on someone else’s property as a result of improper maintenance or an avoidable hazard, contact us as soon as possible to request a free initial consultation with a personal injury lawyer in Gwinnett and the surrounding counties. We will be able to go through all of the relevant details of your accident in order to determine your rights and options as a victim, as well as discuss how our experience with these types of cases can be a major asset to your own life. Recognizing that your injury and your stress stemming from this accident is entirely warranted, it is equally important to recognize that you deserve support so that you can focus on recovery with the confidence and trust that a legal team is fighting for your rights as a victim.
Read more below to learn some general information about slip and fall lawsuits in Gwinnett County, and contact us now to request a free initial consultation with a member of our legal team.
What Is a Slip and Fall?
A slip and fall claim is a type of premise liability claim, which is a type of personal injury case that holds a property owner (or party responsible for the upkeep and maintenance of said property) responsible for an injury that takes place on the property. If you are injured on the property, you will likely have the option to seek compensation for your injuries, either through an insurance claim or a lawsuit depending on a variety of factors that we will be able to explore as your legal representatives through the case. Regardless, the core of the case focuses on the responsibility that the owner or manager of the property has to keep visitors safe from harm, which they failed to do during your own accident.
In order to prove that an owner or manager is responsible for your injuries, we will need to prove a few basic points:
- Someone (other than you) was responsible for the upkeep of the property that you were injured on
- The responsible party failed their duty to maintain a safe environment
- You suffered an unavoidable injury as a result of this failure
In addition to these basic points that we will need to establish, we will also need to prove that you could not have been reasonably expected to avoid the hazard and that the responsible party either knew or should have known about the hazard and therefore should have taken the proper steps to avoid an accident.
Calculating Damages After a Slip and Fall
As with any personal injury case in Gwinnett County, there are a lot of specific financial, physical, and emotional issues that we will need to go through and quantify before we arrive at a final amount that we believe to be fair for your injuries. However, the following examples should give you a good idea of the type of damages that we will consider and use throughout our negotiations with the insurance company or responsible party.
Economic damages are the basis of a personal injury case because they simply compile all of the measurable financial impacts of your accident. They include all of your medical-related expenses, in addition to any income-based impacts or losses that you have suffered. Beyond these basic impacts, we will also go through a range of other costs, losses, and expenses such as possible services that you needed to pay for that you would have been able to perform yourself were you not injured.
Non-economic damages are intended to seek compensation for the actual pain and emotional impacts that your injuries and the accident have had on your life. If you suffer serious injuries, then you deserve to be compensated for the actual pain and suffering that you have endured, as well as any possible depression or other emotional impacts that you need to deal with. These damages are more difficult to calculate but just as important.
Frequently Asked Questions About Slip and Fall Accidents
The following are just a few of the common questions that we will be happy to answer in greater detail and specificity during your free initial consultation and throughout the course of our work together. Keep in mind that the specific answer to any of these questions depends on a lot of the details of your case, meaning that the following are only intended to give you a general idea of how we will move forward with your own situation and are not meant to be taken as comprehensive or specific advice.
How do I know if I have a slip and fall case?
In order to determine whether or not you have a case, as well as how strong your case is, the best thing to do is to start working with an experienced Gwinnett County personal injury attorney. There are many different variables present in any accident and injury, and we will have to go through these variables as they pertain to your own accident in order to understand the strength of your case and the likelihood of success if we pursue compensation from the responsible party.
How much is my slip and fall case worth?
As mentioned in the section about slip and fall damages above, there are many different specific factors that we will need to consider and calculate in order to determine the actual dollar amount of the damages that we believe you have suffered. If you have lost any time at work, then your income is a central variable to this specific type of damage, just as the severity of your injuries and cost of medical care will lend significantly to our calculations.
Will my slip and fall case need to go to trial?
Very few personal injury cases ultimately go to trial in the United States, as they are typically settled either privately, or after a lawsuit was filed but before the actual trial. This is not a guarantee that your case will not need to go trial, but we will need to work together in order to determine what to expect in both the short- and long-term for your case.