Loganville, GA Slip & Fall Lawyer
Slip and fall accidents are more common than you might think. There are a variety of scenarios that could lead to a slip and fall accident, and not all of those scenarios justify a slip and fall case. Because of this, it can sometimes be difficult to prove fault and claim a rightful settlement. If you were injured in a slip and fall accident and believe you have the right to compensation, you need to contact a Loganville, Georgia slip and fall lawyer to handle your case.
What Qualifies as a Slip & Fall Lawsuit
There are many places where a slip and fall accident can occur. Accidentally falling in a hotel bathroom, slipping on ice on the sidewalk, or falling down stairs are all examples of slip and or fall accidents. It can be difficult to know if your unique situation will qualify as a slip and fall case justifying legal action. The best advice would be to take advantage of a free consultation with Benton & Benton. However, there are a few guidelines that you can consider. Where and why the accident happened will be the most important pieces of information.
Where did the accident happen?
As a general rule, a slip and fall accident on your own property will not qualify unless there is a mechanical failure of some kind. Of course, you cannot and would not want to sue yourself, so there would have to be third party fault. An at-home slip and fall accident will be much harder to justify.
If the accident happened at a place of business, a public park, or someone else’s property, chances are you will have a case. Large businesses and cities typically have a great budget for legalities and have strong legal teams behind them. This is part of what necessitates a slip and fall lawyer in Georgia.
Why did the accident happen?
There are so many circumstances that could lead to someone slipping or falling. What factors went into play are important to note at the time of the accident. Take pictures, or make a list of what the area looked like and what time of day it was.
Some of the most common circumstances that lead to lawsuits include:
- Wet floor without proper signage or precautions
- Ice/snow not removed
- Defect on property
- Broken or missing handrails
- Cracks or slopes in pavement
Regardless of where and why the accident happened it is pertinent that you have the essential documentation if you want to receive compensation. In order to have proper evidence in a trial, timely documentation is key.
It should also be noted that there are many slip and fall cases that have been denied depending on the circumstances. Just because someone slipped on the ice at a business does not guarantee a settlement. For instance, business owners have a reasonable amount of time to remove snow and cannot be expected to constantly monitor it, especially while it is actively snowing.
Common Injuries Associated with Slip and Fall Cases
Age will play a part in determining which bones will be most affected in a fall. Hip fractures are most common in elderly, while wrist and ankle fractures are common among those of all ages. Because it is human instinct to catch ourselves when we fall, wrist injuries are some of the most common.
- Hip fracture
- Wrist fracture
- Ankle fracture
- Back injury
- Head injury
Damages that could be recovered include:
- Medical bills
- Lost wages
- Ability to return to work
- Future pain and suffering
Georgia Specific Laws
Gene and Bartlett Benton are both Georgia natives. This means that they are very familiar with Georgia laws, demographic and geographical areas, and common insurance push backs.
Because Georgia is a shared fault state, this can make securing a settlement from a slip and fall case more complex. You will surely need a lawyer’s help to prove that most fault lies on the side of the defendant. In a shared fault state, there is shared blame that could decrease the amount of money the plaintiff receives. Insurance companies will try to prove that the defendant was at least partially at fault because it will decrease the amount they have to pay in return. Again, this is why proper documentation is critical.
Types of questions you may be asked in a slip and fall deposition:
- Where were you?
- What were you doing?
- Were you carrying anything?
- What shoes/clothing were you wearing?
- What part of your body hurt most after the fall?
- What caused you to lose your balance?
- Were you tired or otherwise impaired?
- What is your medical history?
The Georgia statute of limitations for slip and fall accidents is two years. If a claim has not been filed in two years it will be nearly impossible to get any kind of compensation.
Slip and Fall FAQ’s
Q: If I slip and fall at work, is it a slip and fall case or a workman’s compensation case?
A: Ironically, the highest number of workman’s compensation claims is related to slip and fall. However, if the accident does happen at work while working it will be handled as a worker compensation.
Q: What information is most important for winning a slip and fall case?
A: Proving negligence is the main objective for any slip and fall case. Having all proper documentation is important, but if you can prove that the defendant knew about the hazard and blatantly disregarded the matter then your case will likely be successful.
Why Benton & Benton
Not every law firm is experienced in settling these types of personal injury cases. They are common and also commonly denied, so having an expert lawyer is in your best interest. Gene and Bartlett Benton have combined years of experience and a variety of unique qualifications that make them the right choice for the job. A consultation about your case can help Benton & Benton direct you in whether or not you would be successful in opening a case for damages resulting from a slip and fall accident.