When you visit a property 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. When someone is injured on someone else’s property, these situations are known as premise liability cases. They are a common issue in personal injury lawsuits in 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 care to the property, whether stemming from 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 various cases in the following sections.
Contact a Slip and Fall Attorney if You’ve Been Injured
If you have been injured in a fall accident on someone else’s property due to 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 to determine your rights and options as a victim. We will also 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 realize that you deserve support to 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 slip and fall lawyer at our law firm.
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) accountable 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 various factors that we will be able to explore as your legal representatives through the case.
Elderly adults are at an increased risk of falling, and these numbers are projected to rise in the future. Negligent care of a property can increase this risk significantly.
Regardless of the specifics of your slip and fall accident, 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 accident.
In order to prove that an owner or manager is responsible for your injuries, we will need to prove a few essential points:
- Someone (other than you) was responsible for the upkeep of the property that you were injured on — typically the property owners or a contracted management company. This is known as a duty of care.
- The property owners or managers failed their duty of care to maintain a safe environment
- You suffered an injury as a result of this failure
In addition to these essential points that we will need to establish, your personal injury lawyer will also need to prove that you could not have any reasonable expectation to avoid the hazard and that the responsible party either knew or should have known about the danger and therefore should have taken the proper steps to prevent an accident.
Contact our law firm to speak with a slip and fall lawyer about how we could help you move forward with your case.
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 specific to your slip and fall accident 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 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 bills and related costs, in addition to any income-based effects 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 you needed to pay for that you would have been able to perform yourself if you were not injured.
Suppose someone is killed in a slip and fall accident. In that case, their loved ones may be able to file a wrongful death claim to recover a range of damages from the property owners or their representative insurance companies that include things like the long-term loss of financial support and more. No two slip and fall accidents are alike, and working with an experienced personal injury attorney is the best way to make sure that you get the money you deserve, whether through a claim or a lawsuit.
Non-economic damages are intended to seek compensation for the actual pain and emotional effects that your injuries and the accident have had on your life. If you suffer serious injuries, you deserve to be compensated for the actual pain and suffering that you have endured and any possible depression or other emotional impacts that you need to deal with. These damages are more difficult to calculate but just as important; however, they could be overlooked by a victim handling their claim.
When working directly with insurance companies to reach a settlement agreement for a personal injury of any sort — including your personal injury accident — the adjuster handling your case will likely push back aggressively on these damages since they are so abstract and could be interpreted in any number of ways. Fortunately for you, your slip and fall lawyer understands the ins and outs of a settlement negotiation — as well as how to calculate non-economic damages accurately.
Frequently Asked Questions About Slip and Fall Accidents
The following are just a few of the common questions about slip and fall accidents that we will be happy to answer in greater detail and specificity during your free initial consultation and throughout 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 situation and are not meant to be taken as comprehensive or specific advice. Contact our office to speak directly with our team to get clear answers about your slip and fall accident.
How do I know if I have a slip and fall case?
To determine whether or not you have a case and how strong your case is, the best thing to do is start working with an experienced slip and fall attorney. Contact our office now to get started. There are many different variables present in any slip and fall accident and injury. We will have to go through these variables as they pertain to your accident 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 accidents and damages above, there are many different specific factors that we will need to consider and calculate 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 lost wages are a central variable to this specific type of damage, just as the severity of your injuries and medical expenses will lend significantly to our calculations. We will work to calculate a fair amount that you are owed and then attempt to reach a settlement agreement for your claim before deciding whether or not to take the insurance companies to the Georgia courts.
Will my slip and fall case need to go to trial?
Very few personal injury or slip and fall cases ultimately go to trial in the United States. They are typically settled either privately or after a lawsuit is 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 to determine what to expect in both the short- and long-term for your case. Once you have contacted our office for your initial consultation, you will be able to discuss the specifics with an experienced Gwinnett County slip and fall lawyer who will help you make sense of your situation in greater depth.