All throughout the nation, slip and fall lawsuits are filed daily. Each has its own particular set of facts and results. Serious injuries can result from these mishaps, which can include tripping on a badly maintained sidewalk or stumbling in a store aisle.
Premises liability rules allow you to file a slip and fall claim if you are hurt on someone else’s property. We’ll explain in this article how to file a compensation claim. Furthermore, we will break down what you can expect as you navigate the legal process.
Slip and Fall Lawsuit
According to the National Flooring Safety Institute, around eight million individuals visit hospital emergency rooms annually following a fall. Slip and fall lawsuits account for 12 % of these falls. They result in a million emergency room visits independently.
However, not every fall leads to legal action in the form of a slip-and-fall lawsuit. A successful claim requires proving the occupier’s or property owner’s culpability. Usually, one does this by demonstrating neglect.
In addition, a fall occurring on someone’s property due to hazardous conditions constitutes a slip-and-fall accident. Yet, not all such incidents prompt legal recourse. Insurance companies or civil courts demand evidence of negligence from the property owner or manager.
Sometimes, a slip and fall injury case initiates a court-filed lawsuit, often instigated by the injured party against the property owner. Alternatively, an injured person will usually file an insurance claim against the property owner if the accident is covered by insurance. The case is assumed to be over if a just settlement is reached.
The injured person may sue the property owner if there are disputes about fault or payments between the insurance company and the affected party. However, there is a chance that the situation will worsen. It is important to note that settlements can still be negotiated even after a lawsuit is filed.
File a Complaint in a Slip and Fall Lawsuit
To start a slip-and-fall lawsuit, you need to file a “complaint”. Each state has different requirements for the level of detail needed. Some states want a thorough factual summary, while others just need enough information to notify the defendant about your claim.
Now what is the next step? After preparing the complaint, you need to file it in the proper court and give it to the defendant you’re suing along with a citation. As a result, the defendant must respond to the complaint within the 20-day deadline.
You can initiate a slip-and-fall lawsuit in the jurisdiction where the incident occurred. Instead, you can talk with the person who caused the accident or their insurance company to reach an agreement without going to court. It is also mentioned that once you settle out of the court, you won’t be able to ask for more later.
The Key to Winning Your Slip and Fall Lawsuit
Successfully Knowing who is in charge of maintaining the property is essential for handling a slip-and-fall claim. It is the responsibility of both property owners and occupants to maintain a safe environment. Therefore, it is critical to recognize neglect.
In order to establish negligence, you need to show that the property owner knows about harmful conditions. Moreover, they chose not to address these conditions, leading to your injuries. These hazardous conditions can vary, from wet floors to uneven surfaces, each posing a risk to visitors.
Notably, your own actions leading up to the fall can impact your case. Even though most states apply comparative negligence rules, reducing compensation based on fault percentage. Therefore, you must be careful about slip and fall accidents.
More importantly, slip and fall can influence your legal options. In fact, there are distinct regulations that apply whether on government land, in shops or establishments, or even in rented areas. Landlords may also face liability for hazardous conditions in their properties.
It is crucial to comprehend the complexities of carelessness and negligence while pursuing a case. Hence, With the help of legal experts, you can gather compelling proof. This can then be used to prove negligence and the cause of your injuries.
Slip and Fall Compensation
If you slipped, tripped, or fell due to negligence at a store, you might be entitled to compensation from the property owner. To succeed, you’ll need to show that the store’s hazardous condition was not obvious. Injuries from slip and fall accidents can be severe, leading to hefty medical bills, lost income, and emotional distress.
When it comes to settlements, the usual range is between $10,000 and $50,000. Fatal accidents often result in higher compensation, sometimes reaching hundreds of thousands or even millions of dollars.
It is possible for you to claim damages that cover medical costs. as well as compensation for lost earnings. You may also submit a claim for pain and suffering. Finally, you have the right to compensation for non-economic losses and mental distress.
Do you know that the worth of your case depends on various factors? These variables include the share of responsibility and severity of your injury. Medical costs and income loss are a couple of these. It is noteworthy that insurers consider calculations for pain and suffering.
What else? When an employee trips and falls at work, they usually submit workers’ compensation claims instead of filing lawsuits. These claims pay for medical costs and lost earnings without requiring proof of negligence. According to our research, we have come across that compensation can vary based on the following factors:
- Your age
- Nature of your injuries
- Recovery duration
- Impact on work
- Wrongful death damages
- Slip and fall injuries (fractures, traumatic brain injuries, and head injuries)
- Lack of support
- Burial expenses
- Loss of companionship or household services
As per the Centers for Disease Control and Prevention (CDC), falls account for the majority of injury-related deaths among persons aged 65 and above. You may be eligible for assistance with your family member’s burial costs and possibly their funeral costs if they pass away in an accident on someone else’s land.
Statute of Limitations
To file a slip and fall lawsuit, timing is crucial. The statute of limitations sets a deadline for making your claim, typically between two and four years from the time of your injuries, depending on your state.
In Florida, for instance, you have four years from the accident date to file a slip and fall lawsuit. However, there are two years from the date of the accident to file a wrongful death claim if someone is killed.
Hire an Attorney for Slip and Fall Lawsuit
You must be wondering about the need for a lawyer in slip-or-fall lawsuits, we’ll explain it to you. An attorney is needed and you can get the following assistance from your slip and fall accident attorney:
- The attorney is able to look into the matter and collect relevant evidence.
- Afterward, a lawyer can put together a case and try to get you compensation for your losses.
- A skilled lawyer can accurately evaluate your accidents.
- An expert attorney can prove negligence which is the most difficult and important task.
- A good attorney can help you settle fairly with the at-fault party or their insurance provider.
- Furthermore, a lawyer will recommend going to trial.
Example of Slip and Fall Lawsuit
Now in this last section, we are going to discuss an example to provide you with a better understanding of your case. So let’s start with the story of Maria Mangano, who worked as the director of career services at a high school in North Philadelphia. One day, while performing her duties, she slipped and fell on wet flooring glue that a contractor hired by the school had recently applied. This fall resulted in serious injuries. She sustained nerve damage and complex regional pain syndrome. That is why she could not go to work.
You know what was the crucial part in this case? Both the property owner and the contractor knew about the dangerous condition but failed to address it adequately. Moreover, an agent for the property instructed Ms. Mangano to walk over the hazardous area, unaware of the specific danger. As a result, Ms. Mangano suffered significant physical injuries that will likely affect her for the rest of her life.
Ultimately, before the case could go to trial, a settlement was reached. Wargo Floors, the contractor responsible for the dangerous flooring, agreed to pay Ms. Mangano $5 million in damages. According to research conducted by the American Bar Association, approximately 97% of civil cases are resolved without going to trial.
Read also: Vegamour Lawsuit Explained
Sum Up
Finally, we can say that slip-and-fall lawsuits generally arise when you become a victim of an accident on someone else’s property. There can be several reasons for this. Besides, it’s also important to know the cause of such incidents and who is responsible for them. To pursue a case, you need a good lawyer who can guide you properly. So, knowing all this, we can say that real-life cases emphasize the importance of holding those responsible for such incidents accountable.