Slip and Fall Accident Lawsuits

Information on Slip and Fall Accident Lawsuits, covering the Statute of Limitations, including a guide to filing a Slip and Fall Lawsuit, determining liability and proving fault in Slip and Fall cases, and dealing with insurance companies.

Filing a Slip and Fall Lawsuit · Statute of Limitations · Liability · Proving Fault · Dealing with Insurance Companies

Filing a Slip and Fall Lawsuit

The sooner you file a lawsuit after your slip and fall accident, the better your chances of getting a favorable outcome. Most slip and fall injury claims are filed within 30 days of the accident. The reason behind this quick action is that if you wait too long to file, it may look like you are trying to file a frivolous lawsuit instead of a legitimate one, and it is more likely to get dismissed.

In the event of a slip and fall accident, documenting the accident scene is extremely important to the success of a lawsuit. Fill out an accident report if the slip and fall takes place on non-residential property, take photographs of the accident scene, and get contact information or statements from witnesses. After a slip and fall accident, it is important to visit a doctor and find out the extent of your injuries. In order to file a successful legal claim, it is not enough to have simply lost your footing and fallen. You must have sustained a serious injury because of your slip and fall. Visiting a doctor will prove that you did indeed suffer a slip and fall injury, and this will be invaluable in your case. You must also keep good records of your medical injuries and lost wages. Any additional costs relating to your injury, such as physical therapy, transportation, and medications, should also be diligently recorded. If you win your slip and fall lawsuit, these expenses may be reimbursed.

Statute of Limitations

In order to ensure that you do not waive your right to possible compensation for the injuries suffered in your slip and fall accident, you must file a claim before the statute of limitations expires. The statute of limitations is a time limit that governs the period in which an injury victim can file a personal injury lawsuit. After this period expires, you lose your right to bring a claim in connection with your slip and fall accident. The statute of limitations for slip and fall personal injury claims generally ranges from one to three years from the date of the accident, depending on the type of injury and the state in which the accident happened. When filing a claim against a government agency, the statute of limitations differs slightly. Depending on the state, plaintiffs usually have between 30 days to one year to file a suit. In order to ensure that the statute of limitations on your slip and fall case does not run out, it is advisable to contact a personal injury lawyer as soon as possible.

Liability

In order to recover damages for a slip and fall injury sustained on another's property, there must be a liableparty whose negligence caused the injury. The liable parties can include the property owner and manager as well as any others involved in creating the dangerous condition. For example, the carpet cleaning company may be liable if it failed to post signs warning of a wet floor or other dangerous condition that caused a slip and fall accident. In addition, if a business rents space from a property owner, both the property owner and the tenant (the business) may be named as defendants by someone injured in a slip and fall on the property. In this situation, the tenant is the possessor of the property and has a duty to use reasonable care to prevent injury to those on the premises. A possessor might also be a party who manages or maintains the property, such as a management company.

If an individual slips or trips and falls simply because he was not looking where he was walking, he cannot recover against the property owner if the owner was in no way at fault. If a slip and fall injury victim is partially at fault for his own injury, he might still be able to recover damages, but the dollar amount of the recovery may be reduced.

Proving Fault

Property owners have a responsibility to be diligent about keeping up their property. If you suffered from a slip and fall accident on someone else's property, the following conditions are used to determine whether the property owner is legally responsible for your injuries:
The owner of the premises or an employee must have caused the worn or torn spot, spill, or other slippery or dangerous surface or item on the floor, sidewalk, or staircase. The owner of the premises or an employee must have known about the dangerous surface and done nothing about it. The owner of the premises or an employee should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered it and removed/repaired the problem.

When determining a property owner's "reasonableness," the law focuses on whether the property owner makes regular and thorough efforts to keep the property safe, clean, and free of hazards. In order for the property owner to be liable, the slip and fall victim must also prove that the dangerous condition caused the fall and that injuries were suffered as a result of the fall.

Dealing with Insurance Companies

Premises liability cases, such as slips and falls, involve dealing with insurance companies. This can be overwhelming, stressful, and frustrating for the injury victim, who should be focusing on his or her recovery. Insurance companies will often fight slip and fall cases and try to place the blame for the accident on the victim. It is a good idea not to sign any papers that the business or home owner's insurance company presents until you have consulted your attorney. A lawyer can aso help you communicate effectively with the insurance company and guide you through your interactions with the insurance company, providing advice about how much information to provide, what to believe and not believe, and how to avoid allowing the insurance companies to minimize or deny your claim. Slip and fall lawyers are experienced in dealing with insurance companies and know how to counteract the insurance company's tactics, so that you have the best chance of receiving the compensation you deserve.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

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