Slip and Fall Attorney in Atlanta191 Peachtree Street NE, Suite 4200
Atlanta, GA 30303
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Atlanta Slip and Fall Lawyer
The law in Georgia imposes a duty on property owners to make sure their premises are free from dangerous hazards that might cause injuries. If this duty has been violated and you have suffered injuries because of an unsafe property condition, our Atlanta slip and fall attorneys may be able to help you recover monetary damages.
Highlighted Slip & Fall: Apartments & Condos
Potential slip and fall hazards are plentiful in apartment buildings and condos. Whether it’s slippery walkways, objects left in the hallway, uneven flooring, poorly lit stairways or other hazardous conditions, apartment owners have a duty to keep their property safe.
Tripping in condos is a slightly more complicated situation than doing so in an apartment. While most contracts state that the homeowner is responsible for the maintenance of everything inside the condo or house, they may be entitled to compensation if a trip occurs in the in a condominium’s common area.
To sue a condo’s home owner’s association (HOA), you must prove the following:
- The HOA contractually owed you a duty of care. If your contract states the HOA a duty to take care of common areas, you satisfy this element
- The HOA breached this duty. If the HOA knew about the condition and did nothing to repair it, it has breached its duty.
- This breach caused your injuries. This means that because the HOA did not repair a hazardous condition, you suffered an injury.
- You suffered injury or property damage because of your slip and fall accident.
If you are involved in a slip and fall accident in Georgia, you have 2 years to file their claim if you are injured and 4 years to file a claim due to property damage.
Slip & Fall Accidents at Walmart
Do you frequent one of the multiple Walmart’s in the Atlanta area? Maybe you live off Tilson Road and need to get some repairs done at the Walmart Auto Centers or maybe you just picked up your children at West Manor Elementary School and want to grab a snack at the Subway at the superstore on Martin Luther King Junior Drive. Regardless of the reason or the location you frequent, most Atlanta residents go to Walmart as it is the leading retail corporation in the world with sales per store averaging $66.67 million per year.
Millions of people traffic through each of Atlanta’s Walmart stores every year, meaning it is also one of the biggest preparators of negligence-related trip and fall accidents in the area. Some major slip and fall settled against Walmart include:
May 2013, Florida: $1,000,000 Verdict: Valerie Dantzler slipped and fell in a Northside Jacksonville Walmart when returning to an aisle to check the price of an item after a checkout pricing discrepancy. Ms. Dantzler had a shoulder surgery two weeks prior to the accident and reported no pain in a follow-up appointment to the doctor’s office the day before the incident. After the fall, Ms. Dantzler again had pain in her shoulder that was diagnosed as irreversible nerve damage. The jury returned with a $1 million verdict in favor of Ms. Dantzler of which she received $800,000 – $195,000 for past and future medical expenses, $220,000 in past and future lost wages and $585,000 in past and future damages for pain and suffering.
March 2013, Texas: $199,112 Verdict: A 42-year-old clerical worker slipped and fell while walking in the meat department of an El Paso Wal-Mart due to a wet, soapy floor due to excess soap and incorrect mopping. She also claims the floor was unmarked with any signage claiming it was wet. After being taken to a hospital, she was treated for herniated discs, spinal injuries, a sprained right ankle and a torn ligament in her right knee. A jury found awarded the plaintiff a $199,112 verdict for her injuries.
February 2013, Louisiana: $130,110 Verdict: A 37-year-old woman was walking through a Wal-Mart in on a wet and soapy floor. She sustained knee, foot, and shoulder injuries. The jury rendered a $130,110 verdict to the Plaintiff for her injuries.
Driving Directions from the Cleveland Avenue Walmart Superstore to the Morgan & Morgan Atlanta office:
Dealing with Insurance Companies in Slip and Fall Cases
Under the law, a property owner is not liable for injuries if the existence of the dangerous condition was obvious, yet the injured person voluntarily walked into it. Because of this, Insurance companies for property owners frequently attempt to avoid liability by claiming that the victim could have somehow walked around the dangerous condition, but failed to do so.
Before giving any statements to an insurance company, it is important that you first speak to an attorney who can advise you of your rights under Georgia law.
Other Fulton County Communities We Serve:
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What Should I Do if I Slip and Fall in Atlanta?
If you have been seriously hurt in a slip and fall incident, you should seek medical attention by calling 911.
If possible, document the accident scene by taking photos, videos, and the contact information of any witnesses.
It’s also important to seek medical attention even if you do not feel any pain or discomfort at that particular moment. This is because some injuries may take time to reveal their symptoms; when they do, it may be too late or costly to reverse their effects.
After getting checked by a doctor, they’ll let you know whether you suffered serious injuries. Suppose the injuries are severe and you need expensive treatment such as surgery. In that case, you should contact an attorney immediately.
An experienced personal injury attorney can help protect your legal rights and fight for the compensation you deserve.
The attorney will also provide crucial legal advice to help maximize your claim and protect you from doing anything that could jeopardize the case against the at-fault party.
When Should I Hire a Slip and Fall Attorney in Atlanta?
Many different circumstances may require an attorney’s intervention and guidance. Generally, it is important to speak with an experienced slip and fall attorney as soon as possible if:
- You suffered severe injuries.
- The other party denies any wrongdoing.
- The insurance company refuses to settle your claim.
- The insurance provider offers a lowball settlement.
- You are unsure whether you have a valid case against the other party.
- You lost a loved one due to a slip and fall accident caused by someone else’s negligence or recklessness.
A competent attorney can help you understand your legal rights and options and create the right legal strategy to pursue compensation for your damages.
What Questions Should I Ask My Slip and Fall Lawyer?
The initial meeting with a slip and fall attorney is usually the most important encounter between the legal representative and their potential client. For this reason, you should know what questions to ask them.
Keep in mind that these questions are not conclusive; they are meant to give you a rough idea of how to approach the initial consultation as a potential client.
Here are a few great ideas.
- How long have you been handling slip and fall cases?
- Have you handled any cases similar to mine?
- Who will be handling my case? Is it you or someone else?
- How often will I be updated on the status of my case?
- What is your payment system?
- Do you have experience litigating against the liable party’s insurance company?
- Have you taken a slip and fall case to trial before?
- How likely do you think I am to prevail in court?
- What are my chances of winning the case?
Do I Always Need a Slip and Fall Lawyer to Help Settle My Claim?
The answer is not always clear-cut, but there are some circumstances where seeking legal representation may be advisable.
For example, if the property owner or manager where the accident occurred denies responsibility or refuses to offer a fair settlement, an experienced slip and fall lawyer can help negotiate on your behalf.
Additionally, if your injuries are serious and/or you anticipate costly medical bills down the road, having an attorney on your side can increase the chances of recovering full and fair compensation.
Of course, whether or not to hire an attorney is ultimately up to you—but if you have any questions or concerns about your case, it’s always best to consult an attorney before making any decisions.
Does Hiring a Slip and Fall Lawyer Strengthen My Case?
You may not think you need a lawyer to pursue compensation for your damages when you slip and fall on someone else’s property due to their actions or inactions. Instead, you may think the insurance company will simply pay for your medical bills and any property damage.
But that is not always the case. You need a strong case to win your claim, and that’s one of the things an experienced slip and fall lawyer can help with.
Remember that insurance companies are in business to make money, not pay claims. Therefore, they will often try to lowball you on your settlement or deny your claim altogether.
Hiring a slip and fall lawyer shows the insurance company that you are serious about getting the compensation you deserve. For this reason, it is unlikely that the insurer will want to play games with your claim.
Your lawyer will negotiate with the insurance company on your behalf and ensure you get the full value of your claim. If the insurance company still refuses to cooperate, your lawyer may file a lawsuit on your behalf.
Can I Still Win My Case if I Do Not Hire a Slip and Fall Attorney?
The answer is yes, you can still win your case, but it may be more difficult. Here is why:
If you do not have an attorney, the insurance company will likely take advantage of you. They may try to lowball you on your settlement offer or deny your claim altogether. Having an experienced slip and fall attorney on your side can help level the playing field.
In addition, slip and fall cases are complex. For instance, let’s say you slipped and fell on government property. In that case, the issue of liability may be more complex than you’d expect due to sovereign immunity issues.
To win your case, you must prove that the other party, in this case, the government, was negligent in causing your accident. This can be difficult to do on your own.
An experienced attorney understands how to investigate your accident and gather evidence to support your claim.
Lastly, it may take longer to resolve your case without a lawyer. This is because attorneys are familiar with the legal process and know how to navigate it efficiently.
How Much Does It Cost to Hire a Slip and Fall Lawyer in Atlanta?
Most slip and fall lawyers in Atlanta and throughout Georgia work on a contingency basis. This means that they do not charge an upfront fee for their services. Instead, they take a percentage of any settlement or verdict you recover in your case.
The typical contingency fee arrangement is 33.3% of the total amount recovered. The fee might be higher if the case goes to trial to account for the additional time and expense involved in taking your case to court.
What Evidence Will My Slip and Fall Lawyer Need?
To build a strong case against the other party, your lawyer will need to gather and review various evidence, including the following:
The accident scene: Your lawyer will likely visit the accident site to take photos and measurements. This can help determine how the accident happened and who may be responsible.
Photos of your injuries: As discussed earlier, take pictures of your injuries as soon as possible after the accident. This will help to document the extent of your injuries and show how they have affected your life.
Witnesses: If there were any witnesses to the accident, your lawyer will want to talk to them to find out their version of the story. Witnesses can provide valuable testimony about what happened and who was responsible.
Medical records: Your medical records document the extent of your injuries and treatment. Your lawyer will likely request copies of these records from your doctor or hospital.
Employment records: If you missed work due to your injuries, your employment records can help document lost wages and other damages.
Insurance information: Your insurance company may have relevant information about your case. For this reason, the lawyer will request any pertinent information from your insurer.
I Do Not Have Evidence of My Slip and Fall. How Can a Lawyer Help?
It’s not always possible to gather evidence of a slip and fall right after the incident. This is because some accidents may be more serious than others, leaving the injured in dire need of medical attention. For instance, you can’t take photos if you’re unconscious after the accident, but surveillance footage can reveal exactly what happened.
The bottom line is that you shouldn’t hesitate to contact an attorney even if you don’t have evidence to prove your case. An experienced lawyer can still gather evidence from witnesses and other sources to build a strong case on your behalf.
How Can a Slip and Fall Lawyer Prove Negligence?
To prove negligence, a slip and fall lawyer will need to establish that the property owner or manager:
- owed you a duty of care;
- knew or should have known about the hazardous condition; and
- failed to take reasonable steps to fix it.
For example, say there was a spill in a grocery store and the store failed to clean it up. In that case, the lawyer could argue that the store was negligent.
Similarly, if property owners fail to shovel snow or ice from their sidewalk within a reasonable time frame, they could be liable if someone slips and falls.
Do I Still Need a Slip and Fall Lawyer if the Insurance Company Agrees to Settle My Claim?
The answer depends on the severity of your injuries, damages suffered, and the complexity of your case. If the insurance company agrees to pay your damages, that doesn’t mean you don’t need a lawyer.
Insurance companies don’t usually play fair and their proposed settlement may not truly reflect the actual value of your claim. For this reason, you’re much safer having an attorney on your side to fight for your best interests than negotiating without legal representation.
Does Hiring a Slip and Fall Lawyer Guarantee That I Will Win My Case?
No, hiring a slip and fall lawyer does not guarantee you will win your case. However, having an experienced attorney can greatly increase the chances of obtaining a favorable outcome. Remember, since most slip and fall attorneys work on a contingency basis, you will have nothing to lose when you hire the right lawyer to represent you.
Need an Atlanta Slip and Fall Lawyer? There’s Only One Morgan & Morgan
Slip and fall accidents can be costly and emotionally draining. If you or someone you love has been injured in an Atlanta slip and fall accident, it is essential that you speak to a knowledgeable attorney to guide you through the process.
At Morgan & Morgan, we have the experience and resources to fight for you. Our slip and fall attorneys in Atlanta are never afraid to hold the other party accountable for their actions or inactions that led to the incident.
With over $15 billion already recovered for various cases, including slips and falls, you can rest assured that we won’t settle for less.
Contact us for a free case evaluation.