What Are The Most Common Misconceptions People Have About Slip And Fall Cases?
Many people think it’s always their fault when they’re injured after a slip and fall. Thus, they don’t immediately place blame on the property owner and may never think to do so until they realize why the fall actually occurred.
What are the Immediate Steps I Should Take After Being Injured in a Slip and Fall Accident?
You must report the accident or injury to store employees, management, or the property owner. Request that a written report of the accident is taken down and any potential witnesses’ names and statements.
Afterwards, you should detail and note your injuries, seek medical treatment if you need it, and document every step of the way.
Then, you must contact an attorney to discuss your potential case and how to move forward.
Is it Harder for Elderly People to Recover from Slip and Fall Injuries?
It can be much harder. Again, the insurance adjuster, or the defendant will attempt to place more of the blame on the injured party, saying their carelessness caused or contributed to the accident.
Because we don’t follow the comparative negligence doctrine, and we follow the contributory negligence doctrine, any kind of fault pinned against you puts you in danger of determinately affecting your claim.
Must the Accident Report Be Filed At the Time and the Scene of the Slip and Fall Accident?
The accident report should be filed there as soon as possible. Note that this might become a bit confusing. For example, it might not be an official accident report, like you see in a car accident case.
However, you need to make the store manager or the property owner aware of the slip and fall. Furthermore, you must make sure that he or she notes that you were, in fact, injured.
Make sure the store manager or property owner has your name and your pertinent information. Above all, make sure this person notes that you were injured on the property at a specific time. If medical personnel were called to the scene, this should also be documented.
If I am Injured in a Slip and Fall Accident, Who Will Pay for My Medical Expenses?
Eventually, at the very end of the case, our goal is to hold the defendant liable. As a result, they will compensate you for your injuries.
In the meantime, pending the litigation, your own medical insurance, Medicare, or Medicaid will pay for your injuries.
If you’re uninsured, you will be forced to incur any medical bills whenever you seek treatment. We can attempt to have medical providers hold their bills until you receive a settlement or your case is tried.
What is the Statute of Limitations for a Slip and Fall?
The Alabama Law has a 2-year Statute of Limitations on personal injury claims.
What Will an Attorney Look For In Order to Decipher Whether The Case Will Be Easy or Difficult?
Some retailers and merchants have policies stating that they’ll rarely settle or negotiate their cases. Wal-Mart is notorious for requiring litigation on almost every single case.
Therefore, the location of the injury is an indicator as to whether the case can be settled without filing a lawsuit. Other than that, simply determining the liability is a key factor.
Typically, one of the following three things determines the owner’s liability:
- The property owner or his employees created or caused the dangerous condition that ultimately caused the fall.
- The property owner or his employees knew about the dangerous situation but did not repair or fix it.
- The property owner or his employees should have known about the dangerous situation because a “reasonable” person in his or her situation would have known about the dangerous situation and fixed it.
A reasonable person in this standard would have discovered the danger and either removed it or repaired it. Under the reasonable person’s standard, the owner or the employee should have taken care of the dangerous situation or warned the public about the dangerous situation. Ultimately, the owner or employee failed to do so, resulting in a slip and fall.
For more information on Common Misconceptions About Slip and Falls a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (205) 871-9990 today.
Get your questions answered - call us for your free, 20 min phone consultation (205) 871-9990