Fair Compensation After a Parking Lot Slip and Fall

For most people, getting injured in a parking lot is usually the last thing they are worried about until these accidents happen. What most people do not realize is that parking accidents are not uncommon. To put things into perspective, one study discovered that 16% of insurance claims were filed by slip and fall victims. In addition, these injuries accounted for 26% of the settlement costs.

So if you or your loved one has been injured due to a slip and fall in a parking lot, you are not alone. With over $13 billion recovered for our clients so far for various injuries, Morgan and Morgan might be able to fight for your right to compensation. All you need to do is fill out our free case evaluation form.

Our firm also receives numerous questions about slip and fall accidents, especially those that occur in parking lots. For this reason, we have answered some of these questions below. 

Who Is Liable for Slip and Fall in a Parking Lot?

Different parties may be liable for a slip and fall in a parking lot. It all depends on the unique circumstances of your case.

For instance, if you slip and fall in the parking lot of your apartment complex, the property owner (landlord) or property management company might be liable. On the other hand, suppose you slipped and fell in a grocery store's parking lot. In that case, the grocery store owner may be liable.

Keep in mind that the issue of liability, especially in these cases can be very complex. For example, just because you slipped and fell on someone's parking lot does not mean they are directly responsible. For this reason, it is always advisable to contact an attorney for a case evaluation. The attorney will review the unique circumstances of your case and identify the liable parties. You may be surprised to discover that, sometimes, more than one party may be liable for your injuries.

What Causes Slip and Fall in Parking Lots?

Some common causes of slip and fall accidents in parking lots include the following:

• Wet and slippery surfaces
• Uneven surfaces
• Snow and ice
• Poorly designed parking lots
• Lack of safety guards

What Damages Can I Sue for After a Slip and Fall in a Parking Lot?

You may be able to sue for economic and non-economic damages. This, of course, depends on the unique circumstances of your case.

Examples of economic damages in a slip and fall accident lawsuit include medical expenses, lost wages and earning potential, transportation costs, and the cost of rehabilitative services such as physical therapy. However, the most important thing you need to know about economic damages is that they involve financial losses and expenses caused by the accident.

On the other hand, non-economic damages seek to compensate the plaintiff for non-financial losses incurred due to the slip and fall accident. Examples of these damages include pain and suffering, loss of enjoyment of life, and mental distress.

What Should I Do After a Slip and Fall in a Parking Lot?

The following key steps could potentially increase your chances of obtaining favorable compensation for your injuries after a slip and fall accident:

• Call 911 and request an ambulance if you suffer serious injuries
• Document the accident scene by taking photos and videos of the dangerous condition that led to your injuries
• Report the accident to the owner or manager of the property
• Contact a skilled slip and fall lawyer for a case evaluation

Can I Still Sue if I Slip and Fall in a Private Parking Lot?

Yes, you can. Just because you slipped and fell in a private parking lot does not mean that the property owner or manager is not responsible for the accident. However, it is also important to remember that slip and fall cases are complex, especially those in private parking lots.

This is because private property owners do not have to abide by some of the state's building codes. For instance, a public parking lot may be required to follow a specific design. On the other hand, private property owners are usually free to design their property as they wish just as long as they do not violate state building, housing, and construction codes.

Who Will Pay My Medical Expenses After a Slip and Fall in a Parking Lot?

The at-fault party is usually responsible for your medical expenses after a parking lot accident. However, it is possible that the settlement may not be enough to pay your medical bills. In that case, an experienced attorney can help you explore other options, including filing a claim against other parties that may have been responsible for the accident, either directly or indirectly.

Your medical insurance provider may also need to cover some of your medical costs.

The bottom line is that each case is different, and that is why it is always advisable to contact an experienced slip and fall attorney to help evaluate your options.

What Are Some Common Injuries Caused by Slips and Falls in Parking Lots?

Some common injuries caused by slips and falls in parking lots include:

• Concussions
• Back injuries
• Spinal cord injuries
• Broken bones
• Head injuries
• Traumatic brain injuries
• Cuts and bruises

What Are the Elements of a Slip and Fall Case?

When you contact a seasoned slip and fall attorney for a case evaluation, the first thing they will do is determine whether your case satisfies all elements of a slip and fall claim. These elements include the following:

• The defendant owed you a duty of care, meaning they were responsible for ensuring that the parking lot was safe from slips and falls and other possible injuries.
• The defendant breached their duty of care, meaning they were negligent
• You were injured due to the defendant's breach of duty of care (negligence)
• You suffered damages such a result of your injuries

Can I Still Sue My Friend or Family Member After a Slip and Fall?

In most cases, when you file a slip and fall injury claim, the defendant's insurance provider is usually the target. For instance, suppose you slip and fall in the parking lot at your friend's private property. In that case, property owners usually have some form of insurance protecting them from such lawsuits. Therefore, you may be able to file a claim with their insurance provider.

The same applies if you slip and fall in a parking lot of a business your friend or close family member owns. Again, if the business is insured, you can file a claim with their business insurance provider.

How Much Compensation Am I Entitled to After a Slip and Fall in a Parking Lot?

There is no standard amount of compensation for slip and fall accidents that occur in parking lots. The specifics of your case will determine the compensation you are entitled to.

In most cases, if the other party is liable for your injuries, the damages you sustained will influence the amount of compensation you can recover. As mentioned, you may be able to recover economic and non-economic damages. And if the court rules that the other party was extremely negligent, the judge or jury might award you punitive damages. This award is designed to punish the defendant and warn other parties against such conduct.

Can I Still Recover Damages After a Workplace Slip and Fall Accident?

Yes, you can recover damages if you slip and fall in the parking lot of your workplace. However, the exact process of filing a claim or lawsuit will depend on the unique circumstances of your case.

If you are a company employee and you slip and fall while on shift, you may be able to file a worker's compensation claim with your employer. If successful, you will recover medical expenses and lost wages. Keep in mind that when you file a worker's compensation claim, you cannot recover non-economic damages such as pain and suffering and mental distress.

On the other hand, if the accident was caused by a third party, you may be able to sue them directly and also file a worker's compensation claim with your employer.

Lastly, if you are an independent contractor, you may file a claim or lawsuit directly with the at-fault party's insurance provider.

Who Do I Sue if I Slip and Fall on Public Property?

You may be able to sue the state government if you slip and fall on public property. However, it is also important to note that some states do not allow such lawsuits against them. Others that do usually have strict policies the plaintiff must follow. For example, the deadline for suing a government agency for a slip and fall is significantly shorter than when pursuing the same case against a private property owner.

How Will Negligence Laws Affect the Settlement I May Be Entitled to?

There are three main types of negligence laws in the US - contributory, pure comparative, and modified comparative.

When you live in a contributory negligence state, you cannot recover damages if you were partly at fault for the accident, even by 1 percent. On the other hand, in a pure comparative negligence state, you can recover damages but only based on your percentage of fault. For example, if you were 20 percent at fault, you can only recover 80 of the damages.

In a modified comparative negligence state, you can only recover damages if your percentage of fault is below a certain threshold, usually 50 or 51 percent.

When Should I Hire a Slip and Fall Lawyer?

As a general rule, it is advisable to contact an attorney if you suffered serious injuries and the other party refused to settle your claim. The sooner you hire a slip and fall lawyer, the better your chances of recovering the compensation you need and deserve. Always remember that these cases are time-sensitive; if you take too long to contact an attorney, you may lose your right to pursue legal action against the other party.

How Long Do I Have to File a Claim?

The statute of limitations for slip and fall cases varies from state to state. These statutes range from two to four years. However, it is never advisable to wait that long to contact an attorney. As discussed, the earlier you contact an attorney, the better your chances of winning.

How Long Will the Case Take to Settle?

Many factors can influence the timeline of your case. For instance, if you win and the defendant files an appeal, the case will take longer to settle. In addition, most court cases take longer to settle than when settled out of court. An experienced attorney should have an idea of how long your case will take to settle when you contact them for an evaluation.

Are Slip and Fall Cases Difficult to Win?

Yes, they are, and for many different reasons. For example, the issue of liability alone can be difficult to solve. And once that has been solved, you will need to prove your injuries and damages, yet another complex area of slip and fall cases. That said, having an attorney is the first step towards fighting for your rights and increasing your chances of winning.

Does Having a Pre-Existing Condition Prevent Me From Recovering Damages?

No. A pre-existing condition does not prevent you from recovering damages. On the contrary, you may be able to recover damages if the injuries you sustained after the slip and fall accident heightened your pre-existing condition.

How Much Do Morgan and Morgan Slip and Fall Attorneys Charge?

It all depends on the attorney or injury firm you contact. For example, at Morgan and Morgan, we do not charge anything unless we win.

Let the Nation's Largest Personal Injury Firm Fight for You

Morgan and Morgan is the country's largest personal injury firm. For this reason, you can rest easy knowing that your case is in the hands of powerful, competent, and experienced attorneys familiar with the complexities of slip and fall cases in your state.

If you slipped and fell in a parking lot, fill out our free case evaluation form to get started.