Unfortunately, slip and fall accidents happen all the time and at any given moment. You might take a plunge in a restaurant, a grocery store, private property or school. Perhaps an employee failed to properly mark the wet floor with a warning sign, the sidewalk is not properly maintained or even something as simple as a blueberry is left on the ground. The pain is matched only by the embarrassment of being on public display.
It is right for you to be upset after a slip and fall because property owners have a general duty to protect those who they allow on the premises. In fact, most business operators and homeowners understand the possible premises liability they have for injuries that occur. Nevertheless, slip and fall accidents happen with amazing frequency and cost Americans untold amounts of damage, states the Centers for Disease Control and Prevention (CDC) in Atlanta.
In a Recent Arizona Case
Here in Arizona, slip and fall victims are finding it beneficial to hire a Phoenix personal injury lawyer to file a claim for damages. Stores, restaurants and other establishments should train employees and inspect surfaces. These actions would help prevent slip and falls.
One woman recently filed a $1 million claim against a local grocery store. Apparently, she was walking when she slipped, suffering physical and emotional injuries. The business had failed to clean up a wet substance and any customer would have failed to notice it until too late. It is this sort of negligence that an experienced slip and fall attorney can expose in court to get judge or jury to award monetary damages.
The Costs of a Slip and Fall Injury
People suffer financial, physical and emotional damages from slip and falls. According to the Hirsch & Lyon Accident Law team, a lawyer at Hirsch & Lyon Accident Law in Arizona, “A slip and fall can be devastating for some people in Phoenix. Victims constantly have to visit the doctor for therapy and check-ups and some may never recover from their injuries.”
The repeated visits to the doctor can amount to a mountain of medical bills. Many victims have to remain off the job while they recover physically. Unable to work, you have no income to pay the bills. You can wind up in bankruptcy.
It is always in the best interest of an accident victim, such as yourself, to contact an experienced attorney to discuss a civil lawsuit to recover damages.
Establishing Negligence Necessary
Proving the presence of negligence is central to winning a slip and fall injury case. In general, negligence consists of four elements:
- There must have been a legal duty to protect the victim.
- The defendant must have failed to protect the victim in a reasonable manner (breach of duty).
- The breach of the duty to protect has to be the cause of the injury.
- There must be documented injuries linked directly to the breach.
It proves impossible to receive monetary damages for the injuries without demonstrating the above factors in the case facts. Those victims who try to go it alone often walk away from the process empty handed. This does not have to happen. Competent legal professionals are prepared to negotiate and litigate with businesses, insurance companies and homeowners to settle cases or win them at trial.
Possible Monetary Damages
All slip and fall victims should consider filing a lawsuit to request recompense for the harm done by the accused. In general, lawyers always recommend requesting compensatory damages. These monetary awards attempt to make the victim whole again.
Medical costs and lost wages are examples of compensatory damage awards. The victim usually sits down with their lawyer to accurately calculate the amount of out-of-pocket expenses to date and expected in the future.
Lawyers also recommend demanding pain and suffering damages as well. These less visible costs deserve mentioning. You can suffer years of anxiety after a slip and fall. An experienced attorney is best able to demonstrate to the court just how the accident has affected you emotionally.
Get Compassionate Legal Advice Today
Anyone involved in a slip and fall accident should seek legal advice as soon as possible. It is important to begin accumulating evidence early because paper trails disappear and witnesses get more forgetful as time passes.
People who speak with the other side, insurance company or court officials, without the advice of a Phoenix accident lawyer, may create a situation where they cannot file a claim in the future. Some businesses will seek to negotiate with you alone to trick you into saying something to hurt your case.
Fortunately, in Arizona, you can contact Hirsch & Lyon Accident Law, a personal injury law firm, for a free consultation about the situation.