CLARKSVILLE SLIP & FALL LAWYER
Life is full of unpredictability. You cannot always control everything that happens around you, and we often fall victim to the mistakes of others as we navigate the everyday. This could take the form of motor vehicle accidents, slip and falls, or even dog bites as you go for a neighborhood walk.
Slips and Falls
Slip and fall accidents happen in an instant, and they can occur almost anywhere. It could be at home while preparing a meal, during the workday while moving around your office, or at a restaurant where you are dining. These accidents sometimes result in minor injuries, such as bruises, but they can also be more serious, such as traumatic brain injuries or even wrongful death.
Although a slip and fall accident can occur anywhere and is often just a footnote in our day, there are certain circumstances in which you could pursue compensation from the entity at fault.
Filing an Injury Claim
If you have experienced a personal injury in a slip and fall accident on someone else’s property, it is important to know that you can file a claim for damages. A Clarksville slip and fall lawyer can guide you through the process of filing your claim and help you recover the fair settlement you deserve.
But what does a personal injury case that involves slipping or falling entail, and how do you know if your incident would qualify as a viable personal injury claim? First, it is important to look at what can cause a slip and fall.
How Do Slip and Fall Accidents Happen?
The vast majority of slip and fall accidents occur because there are hazardous conditions on the property. This could include a wet floor, a buildup of debris, uneven surfaces, or other circumstances that make secure footing more difficult. These conditions are known as either temporary or permanent.
Temporary hazards are only there for a short time, such as a floor that had just been mopped so it is wet and slippery. Conditions such as these are not a long-lasting feature of the property and may even be a part of the regular operating procedures of the day. They are usually able to be corrected easily and quickly.
Some examples include a recently mopped floor, a spillage of materials, or power cords that are in use. Temporary hazards are a common cause of personal injury cases simply because many of them are out of the ordinary.
Permanent hazards, on the other hand, are longer-lasting and are not so easily corrected. For example, uneven walkways or cracked pavement are considered permanent hazards, along with slippery area rugs.
Still, although these hazards can be more difficult to fix or have remained in the same condition for a long time with no incidents, it is the responsibility of the owners to correct these unsafe conditions. When they do not and the result is a preventable personal injury, the owner can be held liable for paying damages.
Ask a Lawyer
For either type of hazard, injury attorneys can help you navigate the minutia of the case. They will have the answers to your questions and can help you figure out the type of hazard and how it affects the strength of your case. A lot of it will come down to assigning liability for the dangerous condition and its role in the incident.
Liability for a Slip and Fall Accident
In the event of an incident that causes a personal injury because of property hazards, the discussion of liability becomes extremely important. If you have ever been involved in a car accident, you may know that much of the discussion comes down to who is at fault, and the same is true of a falling incident on a property. The liable party will end up shouldering the financial burden of the other to some degree.
Clarksville personal injury lawyers can provide a free consultation if you have questions about the validity of your injury claim, educating you on the potential liability involved in your case. It is important to make the distinction between temporary and permanent hazards because they could have an impact on your claim.
Temporary Hazard Liability
If the unsafe condition that caused the accident is temporary, the success of your claim will likely depend on whether the property owner knew, or should have known, about the hazard. For example, if a liquid had just been spilled on the floor of a restaurant, that is a temporary hazard. You would have to show the owner knew about the condition, and that they had enough time to correct it. If a personal injury attorney can help you prove that there was sufficient time to correct the hazard before the incident, then the likelihood of liability being assigned to the owner is elevated.
Permanent Hazard Liability
Permanent hazards, however, have generally been present for a significant period and so, the property owner should have known about them. Proving the owner neglected a permanent unsafe condition is typically easier than when a hazard is considered temporary. For example, an uneven or cracked surface usually does not happen in an instant, so there has likely been ample time for the issue to be addressed. In this case, liability will fall on the shoulders of the property’s owner.
Comparative Fault in Slip and Fall Accident Cases
Clarksville, and the rest of Tennessee, are governed by the comparative fault law of the state. Under this law, if you contributed to the accident that resulted in injuries, you can still recover compensation as long as you were 49 percent or less at fault for the accident.
Why Does Comparative Fault Matter?
Essentially, any damages you are awarded will be reduced by the same percentage of fault that belongs to you. This law applies to many kinds of personal injury situations, including car accidents, slips, falls, and others.
For example, if you were distracted while you were walking because you were talking on your phone, you may be assigned 20 percent of the fault for the accident. Any damages you recover as a result will then be reduced by 20 percent.
Who it Protects
Comparative fault helps to protect owners of a property and those involved in other injury cases like a car accident from receiving the full blame for an incident. It allows for fault to be distributed among the parties involved, even if most of the blame falls one way. That way, an accident that is “mostly” the fault of the owner of the property in a slip and fall incident does not have to pay an unfair settlement if the victim is partially to blame.
How to Handle Personal Injury Cases Involving Slip and Falls
Going up against the owner of a property where you experienced a slip and fall and their insurance company can be a daunting task. You have to know how to build a case, compile evidence, and prove that your injuries were a result of someone else’s negligence. Whether it is a minor bruise or a traumatic brain injury, you have a right to pursue compensation to help cover potential medical expenses for injuries sustained. These damages will help pay for your current and future expenses that may be incurred as a direct result of the slip and fall.
Don’t Try to Win on Your Own
Personal injury attorneys understand the process that goes into proving liability, dealing with comparative fault when applicable, and helping injured victims with obtaining compensation. When a personal injury results from a dangerous condition, you will need an experienced lawyer who can help with filing police reports, recovering lost wages, earning damages to pay for medical bills, and protecting your confidential or sensitive information.
Consider the Clarksville Personal Injury Lawyers
When you aren’t sure where to turn after a slip and fall that led to either minor or catastrophic injuries, the right law firm can be the support that you need. Clarksville personal injury attorneys offer a free initial consultation to discuss your case and offer advice on the best path forward for a potential claim.
The Clarksville personal injury attorney knows the value of the attorney-client relationship. Their goal is to protect you and your rights in the event of an injury that results from a slip and fall. Whether your incident falls under the category of nursing home abuse, medical malpractice, or other forms of neglect, pursuing damages to help with lost wages or medical treatment payment is our number one priority.
Collecting and Analyzing Evidence
Again, you can attempt to move through this process on your own, but the right law firm will know the ins and outs of the law and be better equipped to handle personal injury cases for you.
If the property owners have a good insurance company, they will try to avoid liability for the accident to reduce the potential damages that they will have to pay out. This might mean trying to sweep the dangerous condition under the rug or place more of the comparative fault on you. Working with a personal injury lawyer will be critical to arming you with the tools you need to defend yourself and have a chance of winning the case.
Generally speaking, building a case on your own is a recipe for losing. You are likely not a professional when it comes to injury and liability law, so you do not understand what makes for compelling evidence. Knowing how to prove that a dangerous condition led to your physical impairment is what injury attorneys are knowledgeable about.
Pursuing A Settlement
If your incident resulted in medical bills for recovery or lost wages because it hurts your ability to do your job, then you have the right to pursue damages that will make up for the financial burden that you are under. Just like a car accident that is the fault of another driver can end with a payout to the victim, so too can slip and falls provide compensation to address damages. Working with a Clarksville slip and fall lawyer will be critical in your pursuit of a settlement.
Addressing the Hazard
Property owners must be held accountable for neglecting to keep their facilities safe for everyone, and having to make payouts to cover the costs of those who were injured on their property is a great method for enforcing change. Usually, it will lead to the original dangerous condition being taken care of or given more attention in the future.
Feel Secure in the Process
Clarksville slip and fall lawyers will protect the sanctity of the attorney-client relationship while doing whatever it takes to earn you the compensation that you deserve. Knowing that your case is being given the care that it requires, while remaining within legal boundaries, will provide you with security during a difficult time. Our attorneys are dedicated to defending your rights and navigating legal complexities in an ethical way that protects your interests.
In the interest of feeling more secure, this could also be a good time to make sure that your estate planning documents are in order. Since accidents happen all the time, you should make sure that your family and loved ones will be taken care of if the worst should happen.
Call Our Clarksville Slip and Fall Lawyer Today
If you have been hurt in an accident, our Clarksville slip and fall lawyer at Mitch Grissim & Associates can give you the best chance of success with your claim. Our injury attorneys will provide you with peace of mind as they build your case and determine the best path toward winning. Call our law firm today at 615-255-9999 or contact us online to schedule a free consultation with our legal team. We are just down the road in Clarksville, TN 37040.
Our Other Services
In addition to helping clients earn compensation for slips and falls, our legal team is also equipped to assist you in cases involving automobile accidents, wrongful death, boating accidents, burn injuries, brain injuries, and more.
Whatever your injury case involves, let the Clarksville team be your partner.