You may want to consider your legal options if you sustained injuries in a slip and fall accident and this injury happened on somebody else’s commercial or residential property. Seeking legal guidance is particularly important when the accident results from the property owner’s negligence.
The slip and fall attorney who represents you can also guide you in calculating the types and amounts of your recoverable damages, which could include:
- Medical Bills
- Income Loss
- Property Damage
- Pain & Suffering
- Emotional Distress
- Lasting Disfigurement
If you decide to file a lawsuit related to your slip and fall, you should understand the rules and regulations that could affect your claim. A Lafayette slip and fall injury lawyer from Laborde Earles Injury Lawyers can help you grasp the nuances of these laws to build a solid claim.
Common Types of Injuries That Result From Slipping and Falling
Slip and fall injuries can take many forms. The injury you are diagnosed with can play a part in determining whether you have the opportunity to move forward with an insurance or civil claim. However, you should note that you do not need to suffer a life-threatening or catastrophic injury to have the right to compensation.
As long as your injuries have considerably impacted your life financially, psychologically, or physically, you may have grounds for legal action against the liable party. With that in mind, some of the more common types of injuries associated with slip and fall accidents include:
- Compound fractures and broken bones
- Head, neck, and back injuries
- Spinal cord injuries and traumatic brain damage
- Soft tissue injuries
- Post-traumatic stress disorder (PTSD)
- Internal injuries and organ failure
- Paralysis
- Disfigurement
These are only a few examples of injuries you might see in a slip and fall accident. If you have been injured in another way, you could still have grounds for a claim. Be sure to contact our office to find out whether you have the opportunity to file a slip and fall insurance or civil claim today.
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How Do Slip And Fall Accidents Occur?
Slip and fall accidents can happen in a variety of situations. However, for your claim to be successful, a personal injury lawyer in Lafayette needs to show that someone else’s negligence caused your slip and fall injuries. Here are some of the more common types of accidents that cause slips and falls:
Wet Floors
Whether the floors are slippery due to ice or snow, the floors are wet after being mopped, or a beverage was spilled, wet floors are some of the most common causes of slip and fall accidents across Lafayette.
Property owners are responsible for cleaning up wet floors, marking them as dangerous, and otherwise protecting the safety of their invited guests and patrons.
Ladder, Elevator, And Escalator Accidents
Elevator, stair, ladder, and escalator accidents are also quite common in slip and fall claims. When these items are defective or malfunction in some way, or if they were not installed properly, they can cause catastrophic and life-altering injuries.
Unsafe Conditions On The Premises
Anytime a property owner allows the conditions on their premises to remain unsafe, they can be open to liability. This might include failing to make necessary repairs to walkways or stairs, failure to install adequate security measures, debris in the walkways, and other potential property hazards.
Property owners should mark hazardous conditions as dangerous to avoid liability in the event of an injury. However, if the unsafe conditions are considered open and obvious to any reasonable person, it may be more challenging to prove the property owner is 100% responsible for causing your injuries. You can learn more about liability in slip and fall accident claims when you read on.
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A Slip And Fall Lawyer Will Communicate With Other Parties On Your Behalf
Building a slip and fall case can be tedious if you are not familiar with the litigation process or still recovering from your injuries. When confronting more immediate concerns, like paying your medical bills or healing enough to return to regular activity, you might not consider filing a lawsuit a significant priority.
However, we want to remind you that you do not have to choose between personal and legal matters. A slip and fall attorney from our firm can build your case for you and pursue compensation on your behalf. In addition, we can manage your case and answer any questions you have throughout your legal journey.
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Legal Services We Do For Our Clients
As part of our services to our clients, our legal team will work together to:
- Identify who could be held liable for your slip and fall accident
- Investigate your accident to see if other evidence is available, including witnesses who might have seen the accident
- Prepare paperwork for your case and file it on time
- Communicate with interested parties in your case, such as an insurance company or the defendant’s legal team
- Build your case argument based on the evidence we have to support your claims
- Review settlement offers you receive from the insurance company or opposing party and advise you on whether to accept them.
- Negotiate a settlement deal with the opposing party
- Present your case in court to pursue compensation if necessary
While our team can do several legal tasks on your behalf, we want to reassure you that the final word in all decisions is yours. We aim to represent your interests and keep you updated on your case’s progress.
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Compensation In Slip And Fall Injury Cases Varies
If you or a loved one was injured in a slip and fall accident, you might be able to receive compensation for your damages. Our slip and fall injury lawyer can help you configure the total cost of your damages so that we can pursue the amount of compensation you need to recover financially.
For example, in terms of your financial losses, we might be able to help you recover:
- The cost of receiving medical care for your injuries
- Wages you lost due to missing work to treat or heal from your injuries
- Wages you expect to lose if you are still recovering from or living with your injuries
- The difference in earning power you have now that you are injured
- The cost of repairing or replacing property that was damaged in the accident, if applicable
If you suffered other financial losses, we could collect receipts or other financial documents to calculate their value and add them to your demand letter.
You Can Also Receive Compensation For Non-Financial Losses
You are not only entitled to compensation for financial losses. If you suffered significant physical pain or emotional losses, we could account for these damages and demand compensation for them. These damages, referred to as non-economic losses, may include:
- Pain and suffering
- Permanent disability or loss of bodily function
- Mental anguish or emotional distress
- Physical disfigurement
- Psychological trauma
- Diminished quality of life or loss of joy in former hobbies and activities
Keep in mind that these are only a few examples of damages you may pursue. Once we examine your case during a free consultation, we will explain in more detail how much compensation you may be entitled to collect.
Can Surviving Families Collect Compensation On Behalf Of Their Late Loved One?
Yes. If your family member or spouse passed away after slipping and falling on another party’s property, you might qualify to file a wrongful death claim or lawsuit on their behalf to pursue compensation for damages. While the passing of a loved one cannot be remedied by money, pursuing this type of legal action can serve as a practical way to get back on your feet and hold a negligent party accountable for your loved one’s death.
In these types of cases, wrongful death damages could involve:
- Costs to arrange your loved one’s funeral
- Medical debts your loved one left behind if they received treatment before their untimely demise
- Financial support you lost if your loved one contributed to the family net worth
- Emotional losses related to the love, guidance, companionship, and affection your loved one gave to you and other family members
- Loss of consortium if you are the surviving spouse
Our team at Laborde Earles Injury Lawyers sends our condolences if this applies to your situation. We are patient with our clients and serve to present their stories as accurately as possible so that they can receive fair compensation.
The Prescriptive Period In Slip And Fall Cases In Louisiana
According to CC Art. 3492, an injury lawsuit must be filed within a year from the accident date. This also applies to claims for property damage or injuries caused by slips and falls on dangerous properties. If the slip and fall accident lawsuit is not filed before the deadline, the court may bar the case even if it is otherwise valid.
Even if the claimant believes the case will settle, they should allow enough time to initiate a lawsuit. Again, consulting a slip and fall lawyer in Lafayette can prove helpful for anyone faced with the filing deadline.
Comparative Negligence Rule In Lafayette May Affect Your Claim
If the victim was partially negligent and contributed to the accident in any way, the comparative negligence rule in Louisiana will decide the amount of compensation they are eligible to receive, per CC Art. 2323.
Comparative Negligence In Louisiana
When there is a trial in any slip and fall case in Louisiana, the court or the jury will follow these steps:
- First, the jury will determine the amount of losses sustained by the plaintiff, such as lost income and medical expenses.
- After determining which damages qualify, the jury will assign a percentage of fault to each party. If you contributed to your fall, this might take some share of the responsibility away from the defending party. However, you may still receive compensation if they have a majority of fault.
- Finally, the court will determine the damages awarded to the injured plaintiff in keeping with these percentages.
Thus, an at-fault plaintiff can still be compensated for their injuries, but their compensation will be reduced in proportion to their percentage of fault.
Arguments A Property Owner Can Make To Claim Comparative Negligence
Here are a few typical arguments a property owner may use to claim the victim was partially at fault:
- They were not paying attention while walking.
- It should have been evident that the property was in a dangerous condition.
- The person was in a section of the property where visitors or customers were not permitted or expected to venture when they were injured.
Your slip and fall attorney will anticipate potential counterarguments from the defendant and strategize how to advocate for your compensation despite them. For example, they may collect evidence showcasing how the accident occurred, such as surveillance footage, eyewitness testimony, or photos of the scene’s hazardous conditions.
Proving Liability For Your Slip And Fall Injuries
In Louisiana, a premises owner is liable for injuries sustained due to unreasonable danger on their property. For the injured party to successfully bring a claim, they must establish that:
- The premise was unreasonably dangerous.
- The owner should have known of the hazardous condition.
- The injuries sustained were a direct result of the slip and fall.
In addition, victims must file a personal injury claim within one year of the accident. As a result, any personal injury claim must be filed on time. An attorney for injured victims of slips and falls could assist in determining the strength of a potential damages claim and ensure that all relevant deadlines are met.
Discuss Your Claim With A Slip And Fall Attorney In Lafayette Today
Building a strong case against the property owner is essential if you are seeking compensation for your injuries. Consider hiring a Lafayette slip and fall injury lawyer if you or someone close to you has sustained injuries in a slip and fall accident, and learn more about how you can build the strongest possible claim.
Call Laborde Earles Injury Lawyers today for a free case evaluation. Our attorneys work on a contingency-fee basis, meaning we do not charge our fees unless we win your case. Our fees are paid through a percentage of your compensation award, so you never pay out of pocket. So do not hesitate to call and start your legal journey today.
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