A slip and all accident can happen to anyone and often occurs for multiple reasons, from slippery floors to spilled drinks. Trip, slip, and fall accidents can cause severe injuries such as traumatic brain injuries, hip fractures, and spinal cord injuries. Some falls can even be fatal, depending on the location and impact of the fall. If you’ve recently suffered an injury or a loved one died in a trip or slip and fall accident, a seasoned Atlanta slip and fall lawyer at Herro Law may be able to help you pursue and recover financial compensation.
At Herro Law, we have helped thousands of clients get significant compensation for their slip and fall accidents. Our Atlanta slip-and-fall lawyer understands that each case is different and requires a unique approach. Our personal injury lawyers will analyze your case and help you establish whether you have a strong legal claim. Let Herro Law lead the charge for you and fight against negligence.
Call us at (404) 433-6876 today to schedule a 100% free and confidential consultation with our Atlanta slip and fall attorneys.
What Are The Common Slip And Fall Accidents?
Slip, trip, and fall accidents in Atlanta can happen in parking lots, at home, at work, in grocery stores, and many other locations. If you fall in the workplace, you may be eligible to file a slip and fall claim against a property owner on top of recovering benefits through a workers’ compensation claim. Common causes of Georgia slip, trip, and fall accidents include (but are not limited to):
- Unlit hallways or walkways
- Structural defects and poor upkeep or negligent maintenance that leads to hazardous conditions such as uneven steps, broken floor tiles, torn carpeting, portholes in parking lots/streets, or cracked sidewalks
- Dangerous floor surfaces such as slick /wet floors, staircases, or walkways
- Broken staircases (including missing handrails) or malfunctioning escalators
- Dangerous debris, including tree branches that do not get cleaned up
- Inadequate lighting
- Failure to install anti-slip devices, gutters, or storm drains, which creates hazardous conditions during snowfall and rainstorms
- Negligent cleaning schedules
- Electrical cords
- Spills that are not cleaned inside nursing homes, hospitals, stores, etc.
- Weather-related conditions like ice or snow that does not get salted and/or shoveled away
- A failure to restrict areas and/ or place signs when hazardous conditions like any of the above exist
How Can An Atlanta Slip and Fall Attorney Help Me With My Case?
Our skilled slip-and-fall attorney in Atlanta can help you in multiple ways. We have experience working on similar cases and will ensure you do not receive a lowball offer. Here is how an attorney can help with your slip-and-fall case:
- Helping you establish liability
- Representing you in court
- Helping you gather and compile information that will serve as evidence
- Investigating your case
- Negotiating with insurance companies on your behalf
- Analyzing your case and helping you develop a solid legal claim
It would be best to work with an experienced and reputable personal injury attorney to get favorable results. The slip-and-fall lawyers at Herro Law will walk you through the legal process, explain your available options, and advise you on the best course of action. We are ready to fight to protect your rights and ensure you receive the compensation you are entitled to. Do not hesitate to call us if you have been in a slip-and-fall accident.
What Steps Can Be Taken to Help A Slip And Fall Case?
Proving liability in a slip-and-fall accident can be challenging, especially if you do not have legal help. There are steps you can take that will help you maximize the compensation you receive for your injuries from the accident. You can be your best advocate when you slip and fall in a public area:
Take All the Videos and Photos You Can at The Time
Doing this ensures you have proof detailing the accident. It will be best to take pictures of the dangerous conditions that caused your accident and the injuries you sustained. Do not forget to note the time, date, and location of the slip and fall accident.
Report the Incident to A Manager
You must report your slip and fall accident to the premise manager or the relevant party. When writing your accident report, include all the details surrounding the accident. Writing a report and letting the premise owner know about your accident can prove that you followed the appropriate steps in documenting the accident and took the whole ordeal seriously.
Take Down the Names and Numbers of Witnesses
Taking this information is vital should you decide to pursue compensation for your slip and fall accident. Witness statements will confirm the validity of your version of events should the property owner try to deny liability. Taking down their contact information and names will make your work easier if you ever need to reach them and inquire if they would be willing to recount the event.
If You Need Medical Attention, Get It Immediately
It is not uncommon for some injuries to take time to manifest. Ensure you get a whole body checkup immediately after a slip and fall accident to ensure you have not sustained any injuries that may have serious consequences. Presently seeking medical attention will also ensure that the defendant cannot argue that the injuries are not from the slip and fall accident.
If You Can, Check to See if The Problem Is Addressed Immediately
After you report your slip and fall accident, find out if the premise owner addressed the issue. Next, ensure you hire a reputable slip-and-fall lawyer to analyze your case and give you legal advice on the best course of action you should take.
How Can An Individual Prove A Slip And Fall Accident?
All premise owners owe a duty of care to all individuals visiting their property and, as such, must maintain their building to avoid being held liable for any slip and fall accidents. A property manager can be held responsible if they allow hazardous conditions to prevail on their property and these conditions cause an accident. You can recover damages in a slip and fall accident when you prove that their negligence caused your injuries.
Our Herro Law slip and fall attorneys in Atlanta can help you prove negligence. We have extensive skills working with slip and fall accidents and will work with other professionals to uncover the responsible party in the accident. Here are the different ways we can help you prove a slip and all accident:
You Were Not Aware of The Hazardous Condition
Our slip and fall accident attorneys can present evidence that there were no caution signs posted on the premise and/or you could not see the danger in time.
The Property Manager Knew of The Danger
The property manager should have reasonably known about a dangerous condition on their premise, or they already knew of it. After all, a property manager has to ensure their property is safe for anyone visiting. If the property has CCTV surveillance, we can prove the hazardous condition on the premise that resulted in your accident.
The Property Manager’s Negligence Caused Your Injuries
Our lawyers can investigate and gather evidence proving that the injuries you suffered resulted from the property manager’s negligence.
How Is Liability Determined In A Atlanta Slip And Fall Case?
Under Georgia law, you must exercise a duty of care for your safety and avoid conditions that may pose any risk of injury to you. You cannot hold a premise’s owner responsible for your injuries if you were aware of the hazards’ existence but did nothing to avoid it. Although according to Georgia premise liability law, you can hold a property owner responsible for negligently failing to maintain their property, leading to personal injury or wrongful death. At Herro Law, we can help prove that the defendant is responsible for your injuries.
Property managers typically argue that you are partially at fault for the slip-and-fall accident. If the case goes to court, the comparative negligence rule will determine what compensation you are entitled to after determining liability. This rule is a factor that also determines liability during settlement negotiations. Under comparative negligence, a property manager may argue that:
- You were on a section of their premise where visitors are not allowed or are not expected to be in
- You were not paying attention to your surroundings as you were walking
- Your footwear was inappropriate or unsafe for that particular situation
- The dangerous conditions of the premise should have been clear to you
During the process of filing an Atlanta slip and fall accident injury claim, you may be asked questions to help establish fault. These questions include:
- Did you have good reason to be on the property owner’s premises at the time of the accident?
- Would another individual of reasonable caution (i.e., if the person was not distracted in any way) in the same situation have taken notice and avoided the dangerous condition?
- Were you engaging in any activities contributing to your slipped and fall injury?
- Did the property owner give a warning sign of the dangerous condition that led to your slip and fall accident?
How Much Is My Slip And Fall Case Worth?
It would be best to consider the multiple facts surrounding your case before determining how much it is worth. Since each slip and fall accident is unique, there is no standard compensation for these accidents. How much you receive is relative to the extent of your injuries. Different factors will influence the amount of compensation you receive.
Our Herro Law slip and fall accident attorneys have successfully worked on different slip and fall cases. We will go over your case, assess damages, and help you estimate how much your claim is worth. Factors that will affect how much your case is worth include (but are not limited to):
- The severity of your injuries
- The pain and suffering, and emotional distress you have suffered as a result of the accident
- Loss of income
- The medical expenses you incurred
- Your age
- The responsible party’s financial condition
- Your pre-incident health
- Your income and occupation
- Your diagnosis and prognosis
The Statute Of Limitations For A Slip And Fall Lawsuit In Georgia
Slip and fall claims are time sensitive, so you must file your claim as soon as possible. The statute of limitations for a slip and fall accident is two years from the date of your accident. If this time passes and you have not filed your claim, you will lose your chance of having your case heard or receiving compensation from the liable party.
In Georgia, the discovery rule allows you to be given more than a two-year statute of limitations. This rule holds that the time limit to filling your claim begins when you discover the injury and the relationship between your injury and the accident, not when the accident happened. For instance, if you discover, you suffered a head injury two weeks after your slip and fall accident, that is when your statute of limitation clock will start ticking.
The deadline for slip and fall injuries is two years, but it can be shorter when you file your claim against a government branch. Two years is a very short period since collecting and compiling evidence takes significant time. Therefore, it will be best to work with a skilled lawyer when filing a slip-and-fall claim. We have extensive experience with similar cases and will ensure your claim is filed on time, following the proper legal guidelines.
Speak With An Atlanta Slip and Fall Lawyer Today
At Herro Law, we understand each slip and fall accident is different and offer our clients personalized service with unique strategies and solutions relevant to their cases. We are dedicated to helping you through your claim process and ensuring you do not have to face the stress of pursuing an insurance company alone. We offer vigorous legal representation in a variety of Georgia slip-and-fall cases and will never let insurance companies bully you into settling for less than you deserve. Contact us at (404) 433-6876 to schedule a free and confidential initial consultation with our Atlanta slip and fall lawyers.