What Type of Lawyer Is Needed for a Slip and Fall?

personal injury lawyer meeting client

A premises liability attorney is best suited to handle a slip-and-fall case. At Morgan and Morgan, we offer a free, no-obligation case evaluation for individuals injured in such accidents. Not sure if you have a valid case? Fill out this form for a free evaluation by an expert.

Our attorneys have recovered over $20 billion as compensation for their clients in different cases, including those involving slip and falls. You might be the next in line in the fight for the settlement you are entitled to after a slip and fall.

 

How Can I Prove My Slip and Fall Case?

If you slip and fall on someone else's property due to their negligence, you can prove your case by demonstrating the following key elements of a slip and fall case:

  • The defendant owed you a duty of care—this means that they were responsible for ensuring that their property was safe from slip and fall accidents.
  • The defendant breached their duty of care—in other words, the defendant was negligent, which led to the slip and fall incident.
  • You suffered injuries due to the breach of duty.
  • You incurred damages due to the injuries sustained.
  • If you can prove these elements, you may be able to hold the other party accountable for their negligence.

 

What Are Some Injuries Caused by Slip and Fall Accidents?

Common injuries caused by slip and fall accidents include the following:

  • Whiplash
  • Back injuries
  • Spinal injuries
  • Head injuries
  • Concussions
  • Broken bones
  • Sprains
  • Lacerations

 

What Are Some Common Causes of Slip and Fall Accidents?

Many different factors can contribute to slip and fall accidents. However, according to the Centers for Disease Control, the most common causes of slips and falls include the following:

  • Ice
  • Snow
  • Rain
  • Loose mats and carpeting
  • Stepladders
  • Spills
  • Potholes and cracks
  • Uneven flooring
  • Exposed wiring

 

What Should I Do if I Get Injured in a Slip and Fall Accident?

If you get injured in a slip-and-fall accident, here are some important steps to guide you:

The first thing you need to do is to seek immediate medical attention. Call 911 and request an ambulance if you have suffered serious injuries. If you cannot call 911, request someone else to do so.

Take pictures and videos of the accident scene, including any physical injuries, such as cuts and bruises that you may have suffered. Remember to document everything about the accident scene, including the dangerous condition you believe caused the trip and fall accident. If possible, take pictures and videos of the dangerous condition as well.

When you seek medical attention, remember to inform the doctor what happened. The doctor will conduct several tests and recommend the treatment you need for your injuries. Depending on the severity of your injuries, the doctor might also recommend emergency surgery.

In addition, you should obtain a copy of the doctor's report detailing the injuries you sustained and recommended treatment. This report can help prove your case when you file a claim or lawsuit.

Contact an attorney whenever you get a chance. An experienced premises liability attorney specializing in slip and fall accidents will review your case and help you hold the other party accountable for their negligence. The attorney can also help you get the treatment you need after the accident.

 

Who Can I Sue After a Slip and Fall?

This will depend on how and where the slip and fall accident occurred. Typically, these cases are usually brought against the property owner or occupant. And suppose the property is under the management of a different entity, such as a property management company. In that case, you may be able to sue the company rather than the property owner directly.

Since the issue of liability is usually complicated and involves a lot of twists and turns, especially when it comes to slip and fall accidents, it is always advisable to contact an experienced attorney to fight for you. The attorney will review the case and help establish liability per local, state, or even federal laws.

 

What Damages Can I Sue for in a Slip and Fall Case?

In the past, plaintiffs have recovered economic and non-economic damages from such cases. Economic damages cover medical expenses, lost wages, lost earning potential, medical equipment, and other costs stemming from the injury. On the other hand, non-economic damages cover pain and suffering, mental anguish, emotional distress, and other non-financial damages deriving from the accident.

The judge or jury might also award the plaintiff punitive damages to punish the defendant for gross negligence. However, it is important to note that there are no guarantees when it comes to punitive damages. Only the court can decide whether or not to award the plaintiff these damages. Other than punishing the defendant for their gross negligence, punitive damages are designed to warn others in similar positions against such misconduct.

 

What Is the Average Slip and Fall Settlement?

It is not easy or practical to determine the average slip and fall settlement, given that each case is unique. For this reason, your case might be worth thousands or millions of dollars. Only after consulting an experienced slip and fall lawyer will you find out the value of your case.

Keep in mind that various factors can influence how much compensation you may be entitled to if you win the case. For example, the steps you take after the slip and fall incident will determine the amount of compensation you may be eligible for.

Let's say you fail to seek medical attention after the accident or take too long. In that case, the other party could claim that you were not injured in the first place. In addition, connecting your injuries to the slip and fall incident will be difficult if you take too long to seek medical attention.

This also explains why it is always advisable to contact an attorney as soon as possible. The attorney will let you know what you can or cannot do throughout the claims process, limiting your chances of jeopardizing the claim.

 

Do I Need to See a Doctor if I Feel Fine After the Accident?

Yes, you do. Some injuries usually take time before they begin to show their symptoms. Internal bleeding is a good example of such an injury. The scary thing about internal injuries is that by the time they begin to show their symptoms, it may be too late for the injured to receive the treatment they need to survive.

There have been many cases of people who suffered what they believed were minor injuries after slipping and falling, only to wake up with even bigger medical problems a few days later. And those are the lucky ones. The unlucky ones never live long enough to see the following day. Because such injuries damage the body internally, you may not know whether or not you have sustained such injuries without visiting a doctor for a thorough checkup.

 

Are Slip and Fall Lawsuits Difficult to Win?

Yes, they are, especially if you do not have an attorney. Here is why:

Slip and fall cases do not usually come with mountains of evidence. In most cases, plaintiffs only have their version of events to prove their case. For example, suppose you slip and fall while walking down the stairs at your apartment complex. Without surveillance footage, the defendant will not believe your version of events. This is despite the fact that you have scars to show. But when it comes to slip and fall cases and personal injury in general, injuries are not usually enough to prove liability.

Another thing you need to know is that when you file a slip-and-fall lawsuit, you carry the burden of proof. In other words, it is your job to prove that you were injured due to the other party's negligence. Therefore, if you fail to prove the four elements we discussed earlier, you may not be able to secure compensation for your injuries.

Remember that all four elements of a slip-and-fall case go hand in hand. To put things in perspective, you cannot claim that you got injured due to the other party's negligence if you do not have proof of your injuries. Secondly, you cannot sue for damages if you do not have such proof.

 

What Are Some Possible Defenses to a Slip and Fall Lawsuit?

Some common defenses to a slip-and-fall lawsuit include the following:

The dangerous condition was so obvious that any reasonable person would have known about it and attempted to avoid it. However, the plaintiff might be able to challenge this defense if they prove that knowledge of the dangerous condition would not be enough to prevent the slip and fall incident.

The defense could also claim that the plaintiff knowingly put themselves in a dangerous condition despite knowing the risks involved. For example, if you slip and fall while skiing, the defendant could argue that you knew the risks associated with skiing, but you still decided to participate in this activity.

Comparative and contributory negligence is yet another possible defense to a slip-and-fall lawsuit. This defense alleges that the plaintiff played a part in the accident. In other words, they were partially at fault for the accident.

In some states, plaintiffs cannot recover compensation if found to be partially at fault for the accident, even by only 1%. In other states, the settlement to which the plaintiff might be entitled will depend on their contribution to the accident. For instance, if they are 30% at fault, they can only recover 70% of the total settlement.

Some defendants have won slip and fall cases by claiming that the plaintiff had a different choice but still chose the dangerous path, which led to the slip and fall accident. However, for such a claim to stand, the defendant must demonstrate that the plaintiff was aware of the alternative choice but opted for the dangerous one.

Alternatively, the defendant might allege that the dangers were unforeseeable. In other words, any reasonable person would not have known about the dangerous condition.

Lastly, the defendant could claim they did not have adequate time or resources to deal with the dangerous condition. Although this is usually a weak defense, it might be upheld in some situations.

Take a grocery store as an example. Suppose someone slips cooking oil on the floor, and you step on it a few seconds later, leading to a slip-and-fall incident. In that case, the defendant could claim that the difference between the spill and the accident was just a few seconds. Therefore, any reasonable person would not have cleaned up the mess within seconds.

 

Where Can I Find a Competent Slip and Fall Lawyer?

Because slip and fall cases are extremely complicated, it is always advisable to conduct thorough research when looking for the right attorney to represent you. The truth is that not every attorney or injury firm you come across can fight for you and help you secure the compensation you need and deserve after such an accident.

Instead, you need a competent, compassionate, and experienced lawyer. That aside, you need an attorney with powerful legal resources to take on the defense and debunk all possible defenses the other party might use against you. Lastly, you need a lawyer or firm with a proven track record of winning such cases.

If that is what you need, Morgan and Morgan slip and fall attorneys are a free case evaluation away from fighting for you. As the largest personal injury law firm in the country, boasting a team of over 1,000 attorneys and an incredible record of winning huge settlements, we might be able to fight for your rights.