Can You Claim Compensation for Falling? Exploring Your Legal Rights and Options
According to the National Flooring Safety Institute, fall accidents account for 21% of all emergency room visits, amounting to 8 million visits annually.
Slip and fall incidents can have severe consequences, including fractures, concussions, spinal cord injuries, and life-altering conditions. Hence, this raises a pertinent question: can you claim compensation for falling due to someone else's negligence?
In this article, readers will learn more about the complicated laws surrounding premises liability and the difficulties and remedies associated with slip and fall claims.
The article explains the procedures to establish the property owner's legal responsibility and the steps to secure a fair settlement for medical bills, lost wages, and pain and suffering.
Consequences of Slip and Fall Incidents: Common Injuries
Personal injury lawsuits cover a variety of injuries that can occur due to slip and fall incidents.
Suppose a slip and fall occurs on someone else's property, and the property owner's negligence caused it. In that case, the victim can receive compensation for their medical expenses and other losses.
Fractured Bones and Traumatic Brain Injuries
One major fall injury is fractured bones, often affecting the hip, arms, legs, wrists, and ribs. Accidents can range from a minor mishap at a store to a dangerous fall on an icy sidewalk.
A simple fall can also cause a traumatic brain injury (TBI), which can occur even if the head does not strike the ground.
Soft Tissue Injuries and Musculoskeletal Damage
Slip and fall incidents may also lead to soft tissue damage, affecting muscles, ligaments, and tendons.
Moreover, a simple twist or uneven step can result in strained ankles or wrists, while a sudden hit on the shoulder can cause dislocation.
Also, knees are particularly vulnerable in a slip and fall case, leading to ligament tears or patella dislocation.
Spinal and Nerve Damage
Falls can cause severe spinal and nerve damage, possibly resulting in intense pain, weakness, numbness, and even paralysis.
Along with these severe injuries, fall victims may also suffer from cuts, bruises, and chronic pain, which can impact their quality of life.
In the aftermath of such an accident, an experienced personal injury attorney can be vital in securing compensation from the insurance company from the property owner, covering medical treatment costs, lost wages, and other out-of-pocket expenses.
Dealing with Compensation Claims After a Slip and Fall Accident
After a fall incident, navigating the maze of potential compensation can seem daunting.
Having knowledge of the various settlement types and understanding the necessary immediate actions can significantly improve the chances of a successful claim.
Types of Damages in a Slip and Fall Claim
In the aftermath of a fall incident, understanding the types of compensation potentially available is essential.
Typically, a fall accident claim can include various types of losses, generally classified as economic or noneconomic damages in the Texas civil court.
Economic damages, often verifiable through bills and official records, can cover past and future medical expenses tied to the accident.
These may extend to costs of hospital stays, medication, physical therapy, mobility aids, and regular doctor's appointments.
Lost wages and diminished future earning capacity can also fall within this category. Compensation for property damage incurred during the accident may be viable in some instances.
Furthermore, in the non-economic category, individuals can claim compensation for pain and suffering damages.
These can involve a range of losses, including permanent or partial disability, emotional distress, post-traumatic stress disorder, depression, anxiety, and a diminished quality of life resulting from the fall incident.
Immediate Actions to Take after a Fall Accident
After an accident, the actions taken immediately can have a significant impact on the success of a fall claim. Important steps include:
Reporting the incident to the property owner as soon as possible.
Getting medical attention right away.
It's crucial to promptly document the accident and any resulting injuries to strengthen a personal injury lawsuit.
Victims should also gather other documents, such as medical records, to help them win the slip and fall lawsuit. By doing so, their future medical expenses related to this incident may be relieved.
Initiating a Fall Injury Claim
Following those initial measures, the next step is to formally initiate the fall injury claim against the insurance company of the property owner.
It's essential to be wary of insurance adjusters seeking recorded statements, as such interactions can potentially be used against the claimant.
All these steps point to the intricate complexities that often characterize slip-and-fall cases.
Therefore, considering the assistance of slip and fall lawyers might be beneficial to navigate the claim process, increasing the chances of obtaining fair compensation for the injuries suffered.
Victims should remember that each slip-and-fall lawsuit is unique. Therefore, the Schuerger Shunnarah Trial Attorneys team can provide the right support and guidance in such challenging times. They can also help with questions like, "What is the open and obvious doctrine in Texas?"
Determining Liability in Slip and Fall Accidents
Comprehending fault in slip and fall incidents necessitates exploring the event's specifics, the responsibilities of the property owner, and their relationship with the victim.
Detailed case investigations can reveal the main cause of an accident and determine the appropriate defendant. Also, it is common for multiple parties to share responsibility.
Here's how potential liability works in three cases:
Commercial premises slip and fall: If a slip and fall incident happens at a business establishment, the company could potentially be held accountable.
These entities should maintain high standards of care, which include regular inspections, prompt hazard repairs, and appropriate warnings. Failure to do so can make them liable for the compensation.
Workplace incidents: In the event of a slip and fall accident at work, the employer may be held accountable if the employee was on duty and the employer failed to maintain a safe work environment.
Private property incidents: If the accident happens on a private building or land, the property owner might face liability if proven negligent in their duties to the victim. Demonstrating such negligence might involve collecting eyewitness testimonies and engaging expert witnesses.
Every slip and fall claim must validate the four crucial elements of negligence: duty of care, breach of duty, causation, and damages. Moreover, the obligation of the property owner can vary based on the visitor's status - invitee, licensee, or trespasser.
The Bottom Line
When dealing with the complexities of a slip-and-fall case, it becomes clear that determining fault, identifying damages, and securing a claim demands an understanding of intricate legal processes.
Managing medical bills, analyzing future expenses related to the accident, and facing potential out-of-pocket costs can cause significant stress. It's in these circumstances that the expertise of a fall accident lawyer becomes invaluable. Schuerger Shunnarah Trial Attorneys can also help with questions such as, "What is the average payout for a trip and fall?"
Suffered injuries and related trauma deserve rightful compensation, and pursuing a personal injury claim necessitates a robust defense.
The team at Schuerger Shunnarah Trial Attorneys, true to its motto, "We go to war for you," offers a free consultation to those needing steadfast legal support in these challenging times.