When a walkway is not properly maintained or kept clear of dangerous slip and trip hazards, severe personal injury can result. If you have been the victim of such negligence, then you have every right to demand compensation for your injuries. Unfortunately, these accidents can occur anywhere, be it on public or private property, or even at the workplace. Wherever your accident took place, you need proper representation.
When a person slips or trips on public property, it can be difficult to determine or prove a liable party. Especially since insurance companies will do everything they can to deny liability and instead pin the blame on you. This is exactly why it is so important to hire a Dallas slip and fall accident lawyer with the knowledge and experience to help you build your case and fight for the payment you deserve. For assistance from a skilled legal team, call The Lenahan Law Firm at (214) 295-1008. We are ready to help.
There are many people who view slip and falls as minor accidents. After all, we all take a fall or two within our lifetimes. Why is a slip and fall so serious? Well, when you fall backward after slipping, you have a much harder time regaining balance and catching yourself with your hands, meaning that all of the force from the fall will be taken by your head and spine, both incredibly vulnerable parts of the body. This kind of impact can lead to catastrophic injuries, such as:
- Broken bones
- Brain damage
- Spinal cord injuries
- Deep bruising
- Deep lacerations
- Tears to tendons and ligaments
All of these injuries can be incredibly severe. They may take weeks to months to years to fully heal, and even then, you may be left with chronic pain or a lifelong disability. The truth is that anyone who genuinely believes that slip and falls is minor accidents are completely wrong. If you have suffered a serious slip and fall, then you deserve proper compensation. The first step to recovering your damages is determining just who is liable for your injuries.
After suffering catastrophic trauma in a slip and fall, the last thing you may be thinking of is filing a claim. However, a personal injury claim should always be among your first thoughts after such a severe accident. Recovering from injuries is not just emotionally and physically taxing, but it can also present a serious financial strain. Hospitals, surgeries, and medication are not free. Filing a claim against the party liable for your injury may be your best bet to covering the costs of your injuries.
When it comes to slip-and-fall accidents, the party most often liable for your damages is the property owner or manager of the building or land that you fell on. That could mean the owner of a grocery store, the manager of the storefront that owns the stairs you slipped on, or even the local government if you fell on public property. Property owners and managers are responsible for keeping a building or business free of safety hazards and, when they fail in to uphold that responsibility, they can be held liable in a claim.
You will want to contact an attorney as quickly as possible. The statute of limitations for these accidents is just two years. While that sounds like a long time, two years can pass quickly when you are involved in litigation, on top of trying to recover from serious injuries.
If you pass the statute of limitations, it means you will be unable to recover proper compensation following your accident. When it comes to slip-and-fall accidents, so long as you file before the two-year deadline, you may be able to recover damages such as:
- Past and future medical bills
- Lost wages
- Lost job opportunities
- Pain and suffering
- Emotional Trauma
- Lowered quality of life
Of course, while you can claim for each of these damages, whether or not you will actually receive compensation is another matter. The liable party and their insurance provider are unlikely to offer a high settlement or even a reasonable settlement. Giving out compensation hurts the insurance company’s bottom line, and so they will do everything they can to convince you to take a low offer. With a skilled attorney and proper evidence, however, the insurance company won’t have any choice but to offer you the compensation you actually deserve.
When going up against an insurance company for compensation following a slip-and-fall accident, it is in your best interest to have evidence on hand that your attorney can use to shape your case and argument. If you do not have any evidence, don’t worry. A skilled personal injury attorney will be able to run an in-depth investigation on your behalf and gather crucial evidence for you. However, it never hurts to offer a little of your own help, as you were the one to actually experience the accident and resulting injuries. The best ways that you can gather evidence is by:
Write down what happened: Our memories fade fast. While something may seem crystal clear the hours following, it can quickly become difficult to recall key pieces of information even just a couple of weeks after the incident. The insurance company will try to trip you up, using any discrepancies in your story as proof that you are lying. The best way to combat this is to write down what happened the moment you are able to or ask someone to transcribe for you if writing is difficult due to your injuries. That way, your story will always stay the same, as you will have the facts right in front of you.
Take photos: While this will certainly be difficult if you are suffering from serious injuries, try your best to get photos of the accident scene soon after your fall. These photos can help prove that there was negligence, either by showing water on the ground, a crack in the floor, or ice still on the sidewalk. If you are unable to take the photos yourself, ask a friend or family member to visit the site of the accident and do it for you.
Speak with witnesses: Your attorney should be the one to do this, as they will know what questions are best to ask. However, you should make sure that you collect the contact information of any witnesses to your accident. Even if you were unable to do this initially, ask someone to go back to the scene of the accident and speak to any managers or employees. It is possible that at least one or two witnesses gave their contact information to someone who worked on the property just in case you needed it. A witness can help back up your account of the accident and provide more strength to your claim.
The single most important step that you can take, however, is seeking help from an experienced personal injury attorney. Going up against an insurance company is no easy task, especially for those who are both injured and unfamiliar with the legal system. Not only can a good attorney seek out evidence for you, but they can also help you determine how high a settlement you want and go to bat for you when the insurance company tries to offer you an insultingly low amount in compensation.
Our Dallas premises liability lawyers focus on severe injury and wrongful death and nothing else, which means that we know every detail of the legal process for such cases and could provide the excellent representation you need. Even better, we are able to offer every client the time and attention their case actually needs, unlike other settlement mill law firms. Our dedication and focus allow us to win the best possible payout for each client. Learn more by calling our offices for a free consultation today.
Without excellent representation, you will not likely get the highest possible recovery for your injury case. Call The Lenahan Law Firm at (214) 295-1008 today.