There is a chance you might slip and fall when visiting someone or shopping somewhere. It can be a laughable incident. But it can be a serious incident too. People might get severely injured by slipping and falling.
If you fall on the property of another party, you may be able to file a personal injury lawsuit or claim for insurance against the owner. This is because the owner of the property is required to maintain its condition and keep it safe. In Arizona, most of these incidents happen in retail and grocery stores.
If you slipped and fell on private or commercial property, you may be wondering what will qualify you to file a slip and fall accident case. Below is some information about these types of cases and what you need to be able to prove to get compensation. Reputable attorneys for slip and falls, like the ones at Hutzler Law, can help you build a solid case. They have many years of experience dealing with slip and fall personal injury cases.
Examples of Slip and Fall Accidents
Countless variables can cause slip and fall accidents. Some common causes are spilled drinks, cracks or holes in the floor, icy sidewalks, and protruding objects. Regardless of how these accidents happen, they can lead to serious injuries. Injuries resulting in a fall can include traumatic brain injuries, broken bones, fractured ankles and wrists, and neck injuries.
According to the CDC, falls are the most common cause of serious injuries. They also lead to the most traumatic brain injuries. Aside from the serious injuries that can result from a fall, it can also be very costly to treat. According to the CDC, over $50 billion is spent annually treating injuries related to falls in the United States. The average hospital bill for a fall is around $30,000.
Qualifications for Slip and Fall Cases
Usually, negligence claims are the main types of cases involving slip and fall accidents. To establish a case, you’ll have to show that other factors contributed to the accident. These include:
- Duty- Plaintiffs must prove the defendant owes them a duty of care. One cannot simply sue someone for their mistakes. It is the plaintiff’s duty to prove that it is the defendant’s negligence that caused the accident.
- Breach- Plaintiffs will need to show that duty of care was breached by the defendant. The next step is to prove that the owner of the property acted negligently. The owner breaching the duty of care must be proved.
- Causation- You will need to prove that the defendant caused your injury due to their breach. It is your responsibility to prove that the accident was the cause of the damage you incurred. The injuries you already have will not be accounted for.
- Damages- You will need to prove that you suffered injuries as a result of the slip and fall. Next, you should show the damages you incurred. The damages can either be economical or non-economical. You need to be clear about the damages you incurred to get a deserved compensation.
Public Property Slip and Falls
In most cases, if you slip and fall on public property, such as a park, your case will be handled differently. In the past, individuals were not allowed to sue the government for negligence. However, in Arizona, courts have strict requirements when it comes to suing public entities.
If you have sustained an injury as a result of a fall on public property, you should contact an experienced attorney in Arizona immediately. Failure to follow the proper filing requirements could result in your case being dismissed.
Statute of Limitations
In Arizona, the statute of limitations for personal injury claims is two years. However, if a person dies due to a slip and fall accident, their family can file a wrongful death lawsuit within two years. This is because the law in the state allows the family to sue the person who caused the fatal injury even if they died before the statute of limitations had been reached.
Filing a Personal Injury Claim
If you have suffered from a slip and fall injury, you need to know about filing a personal injury lawsuit. Generally, the insurance company of the at-fault party will reach out to you with a settlement amount. Taking that offer might feel like a good idea at that time, considering your medical bills, but the first offer will be very low compared to the damages you incurred.
Hire a personal injury lawyer if you are thinking about suing. They can help you to get the maximum compensation you deserve. When hiring a lawyer, make sure to hire a lawyer who has experience in handling slip and fall accident claim cases.
Usually, a personal injury lawyer works on a contingency fee basis. It means the lawyer will not get paid unless they win. In addition, the lawyer will be paid a percentage of your compensation amount. You don’t have to pay out of your pocket.
Hiring a skilled lawyer is the most important factor in winning a personal injury claim. When it comes to hiring, be sure to consult multiple law firms. Hire a local law firm who will know about the local laws. Search through online and read the reviews to know about good law firms. Work your way from the top to bottom. Most reputed law firms will offer a free consultation, so you don’t need to worry about the fee. Hire a lawyer with whom you are comfortable with.
If you are filing a lawsuit, you will be the plaintiff, and the opposition party will be referred to as the defendant. The plaintiff will have the burden of proof. Meaning it is the plaintiff’s duty to prove the negligence of the defendant. If the plaintiff fails to prove it, they will lose the claim.
To prove the negligence, the plaintiff needs proof. A lawyer can help when it comes to collecting evidence. A lawyer will investigate the case and will help you to get maximum compensation.
Hope this blog post helped you to understand about slip and fall accidents. If you have doubts about your case, consult a lawyer. They can help you to a great extent with your case.