If you are seeking to file a slip and fall injury claim our Johns Creek personal injury attorneys are exactly what you need. Quite often these slips and falls are blamed on carelessness, not being cautious, or the plain fact of not paying attention.
But occasionally these falls are a result of negligence that could have been prevented. If you were injured in Johns Creek due to a slip and fall contact us today!
How do you decide who is responsible for an injury after a slip and fall accident ? Many thousands of people are injured each year-some very seriously-when they slip trip or fall on a saturated floor, broken stairs, or an indentation in the ground. Sometimes the property owner is liable for the accident, and sometimes he or she is not.
If you have been harmed in this way, first understand that it is expected to have things drip on the floor or the ground, and for smooth surfaces to break apart and become cracked. Also some things placed in the ground stand a purpose and need to remain in a certain location to carry out its purpose e.g. drainage grates.
With that being said property owners (occupants) can't be expected to immediately pick up or clean up every sticky or spilled substance. Nor is it the property owners responsibility when someone slips or trips over something that a reasonable person would expect to find there or should see and fight shy of. We have an obligation to be observant of our surroundings.
However, property owners do need to be watchful in keeping up their property's. While there are no set rules on deciding if someone can be held legally accountable for something on which that you slip or trip, cases turn on whether the property owner acted carefully so that tripping or slipping could be avoidable.
- The owner of the site or employee must have caused the spill, worn or torn the spot, or other slippery or dangerous surface or item to be underfoot.
- The owner of the site or an employee must have known of the dangerous service but failed to do anything about.
- The owner of the site or employee should have known of the dangerous surface because a "reasonable" individual taking care of the property would have discovered and eliminated or repaired it.
Business liability for injuries: If you have been injured on a business property due to owner or employee negligence, you may be entitled to compensation. The law holds businesses responsible for making their properties a safe as possible. They must have adequate safeguards in place to protect visitors from avoidable harm.
Even though precautions are set in place, people get injured on the business property all the time. These injuries can have an outcome of a personal injury claims and lawsuits costing thousands of dollars. As a way for businesses to protect themselves from high costs of these accident-injuries, owners carry property liability insurance, also referred to as premises liability insurance.
Residential injuries in homes and apartments: Homeowners insurance can be confusing. People are often unaware of what their policy covers and what it doesn't cover, or how to file an insurance claim when injured.
Whether you are an invitee (contractors, landscapers, postal workers, and others) or a licensee (family members, social visitors, and friends) the homeowner has the responsibility to conduct a safe environment while invitees are present in the home. The law states that the homeowner must do everything reasonably possible to protect guests from dangerous acts, omissions, or conditions that could lead to injury.
Slip and Fall Injuries in other locations: There are also other various locations and circumstances people get injured. Often individuals aren't aware they can be compensated for their injuries, some of the common injuries people undergo due to negligence:
- Parking lots or garages
- Sidewalks and walkways
- Public and government property
- Jail conditions and prison injuries
- Drug rehab centers
Dangerous conditions and other causes of injuries: It is an owners obligation to keep their property free from dangers. If you suffered an accident due to dangerous situation, or an owner or employees negligence, you may be entitled to compensation.
Common injuries such as:
- Accumulated ice or snow
- No wet floor signs
- Dangerous stairways
- Employee negligence
The categories of compensation that you are entitled to are the same that play into any personal injury claim. That means you could be awarded monetary value for:
- Medical bills
- Wage loss
- Pain and suffering, anxiety, and sleeplessness related to the accident and your injuries
- Temporary and permanent disability
- Loss of earning capacity
- Future medical expenses
If you are making a personal injury claim because you had a slip and fall accident, at some point in the examination the insurance company may ask you to submit an "independent medical examination" by a doctor of their choosing.
The insurance company is well within their rights to make this exam a required part of the claims process. During this exam, the doctor will ask you questions about the underlying accident and the specifics of your injury. Once, the exam is finished, a report will be prepared and sent to the insurance company.
Remember the doctor examining you isn't for the purpose of treatment it's for the purpose of gaining information for the insurance company concerning the extent and nature of your injuries. It's vital you make the exam a priority and you make the best impression possible.
Tips to prepare for the examination:
Keep your appointment- canceling your appointment could result in a suspended payment of your medical bills
Know what you're getting into- There is a good chance this doctor is keeping an eye out for any indication that your injuries are attributed to some pre-existing condition (not the underlying accident), or that you are not hurt as badly as you say you are.
Honesty is the best policy- Be polite, cooperative, and above all truthful.
Get organized- One way to be more prepared for the exam is to gather your thoughts on the medical history, the accident that led to the claim, your resulting injuries, and how these injuries have affected you. Some topics you could touch on:
- Your medical history, including past injuries
- How the accident occurred
- What areas of your body were affected
- When your injuries cause the most pain
- Treatment or medication that has been effective for you, and activities that have been affected or limited, including, your job, hobbies, family life, etc.
Who should you speak to after your slip and fall injury?
Be very cautious about what you say and do after a slip and fall accident. Anything that you say can be used to downplay your injury or shift the blame to you. Conversations with property owners, one of their employees, an insurance adjuster, or any legal counsel other than your own can hurt your case.
Even simple phrases like "I'm okay,"or "I didn't see that there,"could be used against you.If you have been injured in a slip and fall injury seek medical attention immediately. Gaps in time from when the slip and fall injury occurred from when you sought out medical treatment will weaken your claim.
Dealing with insurance companies and staying on top of the legal system can be demanding and burdensome, especially when you've sustained injury, focusing on healing and getting your health in order is challenging enough.
Call our Johns Creek, Georgia Slip and Fall Attorneys today to answer your questions and to get a free case review.