Even though slip and fall accidents are relatively common, they can be extremely dangerous and lead to complex legal and medical disputes. An experienced Duluth slip and fall lawyer can provide you with legal assistance after being injured due to someone else’s negligence.
If you or someone you know has been injured in a slip and fall accident, you need a seasoned personal injury attorney at your side. At Barrios Virgüez Attorneys: Accident & Injury Law, we will stand with you throughout the legal process. We offer free case evaluations. Call today.
How a Slip and Fall Lawyer Can Help
If you’ve been hurt in a slip and fall accident in Duluth, a lawyer can guide you through the legal process and help you fight for the compensation you deserve. Property owners have a duty to keep their premises safe. When they fail to fix hazards (like wet floors, uneven walkways, or poor lighting), they can be held responsible.
A slip and fall lawyer in Duluth can:
- Investigate what caused your fall
- Gather evidence like photos, witness statements, and surveillance footage
- Work with legal professionals to prove negligence in your lawsuit
- Handle all communication with insurance companies
- Fight for money to cover medical bills, lost wages, and pain and suffering
Having a lawyer on your side can take a lot of stress off your shoulders. After a slip-and-fall injury, you may be dealing with pain, medical appointments, and time away from work. While we work to protect your rights and fight for what you deserve, you can focus on your recovery and getting your life back on track.
What Is a Slip and Fall Accident?
A slip and fall accident is exactly what it sounds like. It is an incident in which someone slips (trips, loses balance, grabs for something unstable), falls, and suffers an injury. If you were lawfully on someone else’s property at the time of the slip-and-fall, a premises liability lawyer can help you file a claim.
Compensation You May Get After a Slip and Fall Accident
After a slip and fall accident in Duluth, you may be entitled to various forms of financial compensation to help you recover from the physical, emotional, and financial losses you’ve experienced.
Economic Damages
Economic damages cover the tangible financial losses related to your accident. These can include:
- Medical expenses: This covers costs for immediate treatment, ongoing care, emotional therapies, psychological therapy, and any required medical devices.
- Loss of income: If your injuries prevent you from working, you can seek compensation for the wages you’ve lost and any future income you may miss.
- Property damage: If personal property, such as a phone or glasses, was damaged during the fall, you may be able to recover the cost of repairs or replacements.
- Out-of-pocket expenses: These include any other costs related to the accident, such as transportation to medical appointments or nursing home care if needed.
Non-Economic Damages
Non-economic damages address the intangible aspects of your suffering. These can be more difficult to quantify, but are just as important. Common non-economic damages include:
- Painful injuries: Compensation for the physical pain and suffering caused by your injuries.
- Emotional distress: The psychological impact of the accident, such as anxiety or depression.
- Loss of consortium: If your injuries affect your relationship with your spouse or family, you may be entitled to compensation for this loss.
- Loss of enjoyment of life: If your injuries prevent you from enjoying activities you once loved, you can seek damages for this loss.
In some cases, punitive damages may be awarded if the responsible party’s actions were particularly negligent or reckless. These damages are intended to punish the negligent party and deter similar behavior in the future.
The burden of proof in a slip-and-fall case lies with the injured party, meaning you’ll need to provide evidence like accident reports, witness statements, and medical records to support your claim. Working with a knowledgeable attorney from a personal injury law firm can help you gather the necessary evidence and build a strong case.
Common Slip and Fall Accidents
The umbrella term slip and fall is used to describe a range of these types of injuries. The sensitive nature of all personal injury cases requires differentiating between these different terms.
Here are some common ways to describe different slip and fall accidents in Duluth:
- Slip and fall: Liquids on the ground, wet areas, or slippery objects cause these accidents.
- Trip and fall: This type of accident occurs when a person trips over an object or uneven surface in their path.
- Step and fall: Despite its rarity, this is a distinct type of fall injury. In this accident, there is a hole in the path or a low spot that causes the fall.
Common Causes of Slip-and-Fall Accidents
One of the top tasks your slip-and-fall accident lawyer in Duluth, GA, is responsible for is figuring out who is responsible for causing your injuries. The way your slip-and-fall injuries occurred will help your attorney reveal the at-fault party.
Some of the more common causes of slip-and-fall accident injuries include:
- Wet floors
- Snow and ice
- Debris in the walkways
- Unsecured flooring or carpeting
- Broken stairs or railings
- Ladder accidents
- Defective or malfunctioning escalators and elevators
While some slip-and-fall accidents may need almost no medical attention, a severe injury case may result in a higher compensation amount. For reference, you can take a look at the average settlement for a back injury.
Liability and Negligence for Slips and Falls
Once we have a better idea of how your injuries occurred, your Duluth slip and fall injury lawyer will gather the evidence needed to prove the defendant’s negligence and liability for your damages. When filing any personal injury claim, it is important to remember that Georgia is an at-fault state.
In the majority of slip-and-fall accident claims, the property owner is responsible for the victim’s damages. This is generally because property owners must ensure their premises are safe for guests and patrons at all times. Any failure to uphold this obligation is tantamount to negligence and leaves the property owner open to liability claims.
The Open and Obvious Doctrine
However, property owners who make hazards open and obvious can escape liability. Under the open and obvious doctrine, if hazardous conditions have been made obvious through vibrant signs and other efforts, the property owner could escape blame, as they have done their part to notify guests and patrons of potential hazards.
A perfect example of property owners considering the open and obvious doctrine is restaurants that put out wet floor signs when mopping or clearing spilled beverages. The bright yellow wet floor signs indicate the area is dangerous, and guests should proceed with caution. Without a wet floor sign, the restaurant could be sued if anyone slipped and fell due to the wet floor.
Georgia’s Statute of Limitations for Personal Injury Lawsuits
In Georgia, the statute of limitations for most personal injury lawsuits is two years. This means you have two years to file a lawsuit in civil court. If you miss this deadline, you may lose your right to seek compensation.
This two-year time limit applies to many types of personal injury cases, including slip-and-falls. However, there are some exceptions. For example, if the injury involves a government agency, you may need to file a special notice within six to twelve months, depending on the agency.
Speak with our Duluth slip and fall accident attorneys as soon as possible after an injury. We can help you understand the timeline that applies to your case and make sure your rights are protected.
Contact a Duluth Slip and Fall Attorney Today
Slip and fall accidents caused by property owners’ negligence in Duluth may result in serious injuries and other losses, and you could be entitled to compensation. The person responsible for your slip and fall accident should be held accountable.
Seek compensation by hiring a Duluth slip and fall lawyer at Barrios Virgüez. When it comes to reimbursement for your slip and fall injuries and lost wages, our firm will do everything in our power to ensure you receive the compensation you deserve. Schedule your appointment today.
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