Trip and Fall Lawyers
You may be eligible for compensation if you have sustained severe injuries caused by a trip and fall incident. However, to increase your chances of obtaining the compensation you deserve after such an incident, you may need to hire competent trip and fall lawyers.
At Morgan and Morgan, we have handled countless cases of trips and falls and helped our clients recover damages. We also receive numerous questions about these injuries, including the role of attorneys in navigating the claims process. For this reason, we have answered some of these questions below.
What Does a Trip and Fall Lawyer Do?
A slip-and-fall lawyer is a type of personal injury lawyer who fights for the rights of individuals who have been injured due to a trip and fall. This attorney handles different cases, including those caused by negligence and those derived from unavoidable circumstances. The main objective of trip and fall attorneys is to help their clients obtain compensation for their injuries and restore them to the position they would have been in before the slip and fall incident.
What Should I Do if I Trip and Fall?
The steps you take after a trip and fall will greatly impact your claim. Here is an overview of what to do if injured in such an incident.
The first and most important thing you must do is seek immediate medical attention. This applies even if you feel fine right after the accident. Slip and fall cases are pretty serious. Some do not show symptoms until days or weeks later. For this reason, you should get checked by a medical professional as soon as possible.
Secondly, report the accident to the owner or manager of the property where the incident happened. For example, if the incident occurred at a commercial property, such as a grocery store, the manager, supervisor, or any other official in charge might fill out an accident report. Ensure you obtain a copy of the report. The same also applies if police officers responded to the accident scene and wrote a report; ensure you obtain a copy of the police report as well.
If possible, take photos and pictures of the dangerous condition you believe caused the incident. You can also acquire the contact information of any witnesses.
Lastly, contact an experienced trip and fall attorney as soon as possible. The attorney will review the specifics of your case and advise you on how to proceed.
What Are Some Common Causes of Trip and Falls?
Some common causes of trips and falls include the following:
- Obstructive objects in walkways
- Obstructed views
- Uneven floors and stairs
- Broken or missing handrails
- Electrical cords along walkways
- Inadequate lighting
Where Do Trip and Fall Incidents Happen?
Trip and fall accidents can happen on public and private property. These incidents are usually common in parking lots, grocery stores, shopping malls, residential areas, etc.
Can I Sue for a Trip and Fall on Private Property?
Yes. Just because the trip and fall incident occurred on private property does not mean the other party is free from liability. You may be able to hold the property owner, manager, or any other party liable for the incident even if it occurred on private property.
What Are Some Common Trip and Fall Injuries?
Trip and fall incidents can cause serious injuries and sometimes even death. Some common injuries caused by these incidents include the following:
- Deep cuts and bruises, causing infections and temporarily affecting certain body functions
- Back and spinal cord injuries leading to paralysis or chronic back pain
- Head injuries leading to serious damage to the brain or even death
- Shoulder injuries causing dislocation or several broken bones
- Hip fractures, which can cause loss of balance and movement problems, especially among the elderly
How Much Is My Trip and Fall Case Worth?
The actual value of your trip and fall case will depend on various factors, such as the steps you take after the incident. For example, suppose you failed to seek medical attention after the incident. In that case, the defense could claim that you were not seriously injured, which could jeopardize your claim.
The same applies if you sought medical attention but failed to follow the doctor's instructions after that. The defense will use that against you to reduce the settlement you may be entitled to.
To understand the true value of your claim, it is important to consult an experienced trip and fall attorney. The attorney will review your case, gather key facts, assess your damages, and evaluate its value.
What Damages Can I Sue for After a Trip and Fall Incident?
You may be able to recover economic and non-economic damages after the trip and fall incident. Economic damages cover the financial losses and expenses incurred due to the trip and fall accident. Examples of economic damages include medical expenses, lost wages and earning potential, the cost of medical transportation, etc.
On the other hand, non-economic damages cover non-financial damages such as pain and suffering, loss of enjoyment of life, permanent disfigurement, as well as other damages, deriving from the trip and fall incident.
Depending on the unique circumstances of your case, you may be able to recover punitive damages. As the name suggests, punitive damages are meant to punish the defendant for their gross negligence and warn other parties against such conduct.
Who Can I Sue after a Trip and Fall?
You can sue anyone responsible for a trip and fall incident. Whether it is a property owner, manager, employer, or third party, you can bring legal action against them. To do so, you will need the help of a competent trip and fall lawyer.
What Are Some Noteworthy Statistics About Trip and Fall Cases in the U.S.?
Trip and fall cases are common throughout the United States, and if statistics are anything to go by, there is no doubt that these incidents are serious. Here are some key statistics from the National Floor Safety Institute to put trip and fall cases into perspective.
- Falls are the leading cause of emergency room visits in the country. More than 8 million people visit the ER every year due to falls.
- Falls are also the leading cause of workers' compensation claims in the U.S.
- More than 40 percent of nursing room admissions in the country are due to a slip and fall.
- Employees in the US miss at least 31 days of work due to trips and falls.
- One in three people over 65 experiences falls at least once a year.
When Can I Sue for a Trip and Fall?
The right timing for filing a claim or lawsuit will depend on the specifics of your case. An experienced trip and fall attorney can review the case and help determine when to file a lawsuit. Generally, you will need to file a claim or lawsuit after receiving medical treatment or when the doctor decides you cannot improve beyond a particular point.
In addition, keep in mind that you can sue just as long as the incident occurred due to negligence. But if you were injured while at work, you may be able to file a workers' compensation claim. In most cases, filing a workers' comp claim means you agree to waive your right to file a lawsuit against your employer.
However, you may still be able to sue your employer if they deny a valid claim or do not have workers' compensation insurance when they should. In some cases, you may be able to sue your employer if they directly caused the injury.
Can I Sue the Government for a Trip and Fall Incident?
It is much more difficult but possible to sue the government for a trip and fall incident. Most states have strict rules for bringing such claims against them. For example, the statute of limitations for filing such a case against a government agency is usually shorter than standard lawsuits. You will also need to notify the state agency in advance before bringing such a lawsuit against them.
If you have been injured in a trip and fall incident caused by a state agency's negligence, contact an experienced trip and fall attorney for further legal advice and guidance.
How Long Do I Have to Bring a Trip and Fall Lawsuit?
The statute of limitations for filing a trip and fall lawsuit varies from state to state. For instance, in Florida, you have four years from the date of the incident to file a lawsuit. On the other hand, in California, you have two years from the incident date to bring such a case against the other party. To avoid losing your right to sue, contact an experienced trip and fall attorney as soon as possible.
Can I Sue for a Trip and Fall Even if I Was Partly Responsible for the Incident?
Yes, you may be able to bring a trip and fall claim against the other party even if you were partly responsible for the incident. For instance, if you got injured in the workplace, you can file a workers' compensation claim and recover medical expenses and lost wages regardless of who was at fault. However, keep in mind that workers' compensation insurance will not cover injuries caused by extreme negligence, such as being drunk while operating a machine.
You can also recover damages if the incident occurred in a pure comparative negligence state. In such a state, the damages you may be able to recover will depend on your percentage of fault.
If the incident happened in a contributory negligence state, you might not recover any damages if you were at least 1 percent at fault.
On the other hand, in a modified comparative negligence state, you may recover damages just as long as your percentage of fault is below a certain threshold, usually 50 or 51 percent.
Are Trip and Fall Cases Difficult to Win?
Yes, trip and fall cases are more challenging to win. Many factors will determine whether you have a valid claim and your chances of winning. For example, the issue of liability is usually the subject of contention from both parties.
And if you were partly at fault or even failed to follow your doctor's instructions, things can become even more complex. However, having a trip and fall lawyer significantly increases your chances of obtaining a favorable outcome.
What Are Some Characteristics of a Competent Trip and Fall Lawyer?
When looking for a competent trip and fall lawyer to fight for you or your beloved, look for an attorney with:
- A Solid track record of winning such cases
- Access to powerful legal resources to fight for you
- Deep understanding of local and state premises liability laws
- A good reputation
- Courtroom experience
Where Can I Find a Competent Trip and Fall Attorney Near Me?
If you are looking for a competent trip and fall attorney near you, your search should end at Morgan and Morgan.
Why Morgan and Morgan?
Morgan and Morgan is the largest personal injury law firm in the United States, with over 35 years of experience handling trip and fall cases. We have helped our clients recover more than $13 billion as compensation for various injuries, including those caused by trips, slips, and falls. In addition, we have an army of over 800 personal injury attorneys ready to fight for you.
With over 28,000 5-star reviews on Google alone, you can never go wrong with Morgan and Morgan if you need an attorney who is not afraid to go to court to fight for you.
Let Morgan and Morgan Trip and Fall Attorneys Fight for You
Slip and fall accidents can lead to serious injuries. And if you are a victim, you may be battling high medical bills, lost wages, and uncertainty about your future career, relationships, and so much more. Suppose that is what you are going through at the moment. In that case, Morgan and Morgan trip and fall lawyers are a free case evaluation away from providing the legal representation you need and deserve to turn things around. Contact us now.
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