Fighting for Justice After an Elderly Slip and Fall Accident

Have you or your loved one been injured due to a slip and fall? If so, you may be entitled to compensation if the accident occurred due to someone else's negligence. Such accidents fall under premises liability, a subcategory of personal injury law that holds one party responsible for their actions or inactions that harmed another party.

At Morgan and Morgan, our slip and fall lawyers understand just how serious these accidents can be, especially when the elderly are involved. In fact, according to statistics, many seniors are usually lucky to survive these accidents.

For this reason, we offer a free, no-obligation case evaluation for slip and fall victims. And if you or your beloved has a valid case, we could represent them in or out of court. To put things into perspective, here is an overview of slip and fall cases we have won for our clients in the recent past.

What Are Some Statistics on Elderly Slip and Fall Cases in the U.S.?

Statistics on elderly slip and fall accidents show exactly how serious these accidents are. They also demonstrate how it is becoming increasingly important to ensure that the lucky survivors are well compensated for their injuries.

These mind-blowing statistics on elderly slips and falls will change your perspective of these accidents:

According to the Centers for Disease Control, about 36 million slips and falls involving older adults are reported annually in the US.

The saddest part is that out of the 36 million cases, at least 32,000 seniors succumb to slip and fall injuries yearly.

In addition, according to data from the CDC, every 20 minutes, a senior dies due to slip and fall.

Another study by the CDC also revealed that at least one of every five falls leads to injuries such as broken bones and head injuries.

And that's not all—over 95% of hip fractures among older adults occur due to slip and fall accidents on sidewalks. As a result, more than 300,000 older adults are hospitalized in the US every year due to slip and falls.

What Causes Elderly Slips and Falls?

Since most seniors struggle with various health problems and general body weakness, they are usually more prone to slips and falls than most older adults. Some common causes of elderly slips and falls include:

• Environmental hazards, such as poor lighting, loose carpeting, wet floors, and clutter.
• Not wearing supportive shoes
• Eyesight problems
• Lack of supervision, especially in retirement homes

What Are Some Common Injuries Caused by Elderly Slip and Fall?

As mentioned earlier, slips and falls can cause serious injuries and sometimes death. Some common injuries caused by slips and falls include:

• Neck, shoulder, and back injuries
• Broken bones
• Cuts and bruises
• Concussions
• Brain injuries
• Hip fractures

It is also important to note that slips and falls usually cause long-term psychological effects on the victim. To put things into perspective, when an older adult slips and falls, they tend to develop a fear of engaging in activities that could increase their risk of falling again. For instance, they may lose interest in activities such as going out for a walk. As a result, the less they move, the weaker they become, doubling the risk of slips and falls.

Who Is Liable for Elderly Slips and Falls?

Slips and falls occur due to many different reasons, but primarily due to negligence. Here are examples of individuals or entities that may be held responsible for elderly slips and falls:

Nursing Homes

Nursing homes can be liable for elderly slips and falls if the incident occurred due to negligence. When you take your elderly loved one to a nursing home, you expect them to be accorded the love and care they deserve. These facilities should also protect seniors from slips and falls, especially those who need assistance with ambulation. So if your loved one slips and falls because of negligence, such as a lack of supervision, you may be able to hold the facility responsible.

Business Owners

Slips and falls can also occur in public places such as supermarkets and shopping malls. And since most seniors love shopping to express their independence, they are usually at a high risk of getting injured due to slip and fall accidents. The business owner can be held responsible if older adults get injured under such circumstances.

Residential Property Owner or Manager

Lastly, you may also be able to sue a residential property owner or a property management company if you slip and fall on a residential property. This is because property owners or managers are legally responsible for ensuring that the property is safe from such accidents. Some common causes of slips and falls in a residential property include broken handrails, poor lighting, and debris.

What Compensation Can My Loved One Recover After a Slip and Fall?

There is no standard compensation for slip and fall accident victims. The exact amount varies from case to case.

That said, elderly slip and fall accident victims can recover the following damages:

• Medical expenses
• Pain and suffering
• Post-traumatic stress disorder
• Mental distress

In situations where the defendant acted recklessly, the judge or jury might award the plaintiff punitive damages. These damages are designed to punish the defendant. They also help warn others against such reckless conduct.

How Can an Attorney Help?

Undoubtedly, an experienced slip and fall attorney can help you or your elderly loved one who has been injured due to someone else's negligence. Here is an overview of what an attorney can do for you or your beloved.

Case Evaluation

The attorney will review your case. This is done to determine whether you have a valid claim against the negligent party. If you choose to have your case evaluated by Morgan and Morgan, we will do it for free.  

Collecting and Analyzing Evidence

The lawyer will also examine any existing evidence against the at-fault individual or entity. This process helps determine whether the available evidence can be used against the defendant. It also establishes whether there is a need to gather more evidence. If the attorney needs more evidence to prove your claim, they will help you collect and preserve it.

Identifying the Liable Parties

Next, the slip and fall lawyer will determine liability. In order words, they will establish who is responsible for your injuries. Depending on the specifics of your case, more than one party could be liable. An attorney ensures that you hold the right parties responsible for your injuries. This strategy also helps maximize your claim.

Devising a Legal Strategy to Pursue Compensation

Speaking of strategies, this legal representative can also help devise the best approach to this case. Slip and fall cases are complex. For this reason, you need someone experienced in handling such cases to create a winning strategy. That is where a slip and fall attorney comes in.

Keeping Up With Complex Deadlines and Paperwork

When pursuing your claim, you will need to keep up with complex paperwork and deadlines. Failure to meet these deadlines or file the correct paperwork could jeopardize your claim. For this reason, a slip and fall lawyer can help protect your claim by ensuring compliance with filing guidelines and other laws.

Negotiating a Reasonable Settlement

After filing a claim, the attorney can also represent you throughout the settlement negotiation process. Bear in mind that personal injury attorneys always have their client's best interests in mind. But the same cannot be said about insurance companies—they mostly care about minimizing the settlement you or your loved one is entitled to after a slip and fall.

Representing You in Court

Lastly, if the liable party refuses to settle, you can count on this attorney to take the case to trial. The lawyer will also prepare you for complex court processes and fight to protect your best interests after a slip and fall.

Can I Sue if My Loved One Died Due to a Slip and Fall Accident?

Yes, you have an even bigger reason to sue if your loved one dies to slip and fall caused by someone else's negligence. Such a case would fall under wrongful death, a subcategory of personal injury law that holds one party responsible for their action or inactions that led to another person's death. A slip and fall attorney will work closely with their wrongful death counterpart to ensure you receive the compensation you deserve.

How Can I Prove Slip and Fall?

If your elderly loved one slipped, fell, and got injured due to someone else's negligence, they may not be able to collect evidence as a younger person could. For example, they probably won't be able to take pictures or videos of the dangerous condition that caused the slip and fall in the first place. In addition, they may not even remember what caused the accident, depending on their health. This makes elderly slip and fall accidents much more difficult to prove.

However, despite the challenges, a seasoned slip and fall attorney can help you navigate these complexities and prove negligence. Generally, the lawyer will help prove the four elements of a slip and fall case, which include the following:

• The defendant owed the plaintiff a duty of care
• The defendant breached the duty of care
• The plaintiff was injured due to the defendant's breach of duty of care
• The plaintiff suffered damages due to the defendant's breach of duty of care

Is There a Deadline for Filing a Slip and Fall Lawsuit?

Yes, there is a deadline for filing such a lawsuit. This deadline is known as the statute of limitations.

The deadline varies from state to state. Most states have a two-year deadline for pursuing legal action after a slip and fall accident. And since this deadline varies from state to state, it is always advisable to contact a seasoned slip and fall lawyer as soon as possible.

Do not wait until late to contact an attorney. This is because your attorney will need sufficient time to collect crucial evidence to build a solid case to support your claim.

How Can Morgan and Morgan Slip and Fall Lawyers Help My Loved One?

Our attorneys can fight for compensation if your loved one has been injured due to a slip and fall accident. Here is what makes us different:

Morgan and Morgan is the largest injury law firm in the US. For this reason, many insurance companies already know about us. Precisely, they know how fiercely we fight for our client's rights.

Our firm also serves the injured from coast to coast. So it doesn't really matter where you live; there is always a Morgan and Morgan lawyer near you ready to fight for you.

And there's more—we have helped our clients recover more than $13 billion as compensation for various injuries so far. For this reason, you can count on Morgan and Morgan if you need an injury firm that will not settle for less than what you or your loved one deserves.

Experience is a crucial factor to consider when looking for the right injury attorneys to fight for you. At Morgan and Morgan, we have been fighting for the rights of the injured since 1988. So if you are looking for attorneys who understand the ins and outs of premises liability cases throughout the country, particularly slips and falls, you have come to the right place.

Lastly, we offer a free, no-obligation case evaluation. And if you have a valid case, you will only pay if we win.

We Will Fight for You as You Heal

Our compassionate and competent slip and fall lawyers can fight for your beloved as they focus on recovering from their injuries. And in the case of death caused by such an unfortunate accident, we can recover death benefits for you and other eligible survivors.

Fill out our free case evaluation form today to get started with the claims process.