Slip and fall accidents can lead to serious injuries, costly medical bills, and lost wages. When a slip and fall accident happens, the tenant or business that owns the property is usually liable for any injuries you sustain. Negligence can be complex in some slip and fall cases, though, so it is important to know how to determine who is liable in a slip and fall accident.
How Do You Determine Liability in a Slip and Fall Case?
To determine if the property owner is liable for your slip and fall, you must prove that the accident happened because of a dangerous condition that was preventable if the owner took reasonable steps to address it.
Property owners owe a duty of care toward guests on their premises. Neglecting to address a hazard on the premises breaches that duty. Hazards may include poor lighting, uneven sidewalks or unmarked hazards. You can recover due compensation by providing evidence, such as photographs and medical records, proving that the property owner’s negligence caused your damages.
What Happens During a Slip and Fall Settlement?
Slips and falls happen suddenly, and they can significantly disrupt your life. It can be difficult to know what you should do next. You likely understand that you have the option of filing a lawsuit, but it might not be clear what the process is like.
The typical slip and fall settlement timeline entails:
- Filing a claim against the at-fault party and their insurance provider
- Participating in evidence discovery so both sides understand the relevant facts
- Attempting to negotiate a favorable settlement outside of court
- Going to trial if necessary
The goal of the settlement process is to prove the other party’s liability and secure suitable compensation to cover your damages. A reasonable settlement offer is one that reflects the other party’s degree of negligence and adequately compensates you for medical expenses, lost wages and other losses you incurred as a result. A settlement can take anywhere from a few months to over a year.
Do You Need a Lawyer After a Slip and Fall?
You should get a lawyer for your slip and fall accident because they can thoroughly evaluate the value of your injuries and help ensure you get the full amount of compensation owed to you.
A slip and fall injury attorney at Sargon Law Group can help you by:
- Investigating the accident and gathering key evidence
- Determining liability according to comparative negligence laws
- Filing a claim on your behalf and completing other paperwork
- Negotiating a favorable settlement with the insurance company
- Taking your case to trial if you so choose
It is recommended that legal action be taken quickly after a slip-and-fall case. Crucial evidence, such as security camera footage, can become lost to time, and witnesses might quickly forget how events unfolded. Thorough investigations can take quite some time, too.
Arizona enforces a two-year statute of limitations for slip and fall cases, so it is important to begin the claim process well in advance. The same is true for Colorado and California. New Mexico allows three years from the date of the accident to file a personal injury claim.
Our Attorneys Can Determine Who Is Liable in a Slip and Fall Case
At Sargon Law Group, we proudly serve injured people in Arizona, New Mexico, Colorado and California. Our attorneys leverage their experience to determine who is liable in a slip and fall accident so you can hold the other party accountable for your injuries. Contact us today to schedule a free consultation for your case.