The injuries and losses sustained in slip and fall cases can be extreme and severe. Apart from being painful, these types of accidents can be life-changing. For example, this type of accident can lead to loss of earning capacity, astronomically high medical bills, and diminished quality of life for the dependents of the injured individual.
In order to stand a chance of receiving compensation in a slip and fall case in Georgia, you should work with an experienced Mableton slip and fall lawyer. You must prove that the party you are suing failed to maintain safe conditions, and, that by breaching their duty of care you ended up getting involved in a slip and fall accident which resulted in damages.
Proving the elements above can be tricky if you do not have any legal training and expertise. Further, Georgia has very complicated laws governing slip and fall accidents. We recommend that you call in an experienced slip and fall lawyer like our very own Jamie Ballard at Jamie Ballard Law immediately.
What Are the Most Common Causes of Slip and Fall Accidents in Mableton, GA?
The most common reasons why slip and fall accidents occur include:
- Improper maintenance procedures that have led to property damage, like torn carpet and missing floor tile
- Walkways and hallways that are not well lit
- Slick floors and stairs
- Spills that have not been cleaned properly
- Hazardous debris such as tree branches and leaves, that have not been removed
- Weather-related conditions, such as ice and snow, that have not been remedied
- Malfunctioning escalators, elevators, and staircases that are broken in some way
- Failure to install gutters, storm drains, or anti-slip devices
- A failure to place signs in areas where hazardous conditions exist
Many of the slip and fall cases reported across Mableton and the state of Georgia can be traced back to the following types of premises:
- Grocery stores
- Government-owned/maintained facilities and utilities
- Retail stores
- Private homes
- Small businesses
- Commercial buildings
- Residential buildings
How Can a Mableton Slip & Fall Lawyer Help With My Case?
A Mableton slip and fall attorney will advise you of your rights and ensure that they are protected.
On contacting Jamie Ballard Law, we will first listen to the facts surrounding how you sustained your slip and fall accident, advise you on exactly what you should do after your accident, and file a compensation claim against the party responsible for your accident.
We will assist you by collecting evidence, preparing your legal case, handling settlement negotiation with the insurance company for the at-fault party, and finally representing you before a jury should your claim case go before a court.
With our experience dealing with slip and fall compensation cases, we will also be able to help you estimate a figure on how much you should be awarded based on the unique facts surrounding your case.
To get experienced legal counsel during the entire process, give Jamie Ballard Law a call at 404-301-1687.
What Should You Do After a Slip & Fall Accident?
Proving negligence and liability on the part of the party you are suing is the biggest obstacle you will face when seeking compensation in a slip and fall accident. However, there are certain steps you can take to strengthen your claim. They include:
- Inform the owner of the property or manager of the property immediately.
- Take photos and videos of the area where the accident occurs and surrounding areas.
- Note down the contact details of all the people who witness your accident
- If possible, ensure the hazards that led to your accident are removed.
- If you are seriously injured, seek medical attention immediately, and make sure you keep records of all your injuries, treatment, and medical costs.
- Contact a seasoned Mableton slip and fall lawyer at Jamie Ballard Law to handle your case.
- Ask the at-fault party(s), their insurers to deal with your lawyer.
What Do I Have to Do to Prove in a Slip & Fall Case?
For a slip and fall claim case to be determined in your favor, there are certain things that you need to prove. They include:
- You were legally on the property. Georgia law, property owners aren’t liable for injuries to trespassers with very limited exceptions.
- The property/premises owner had a duty to keep their property safe for you
- The property owner negligently failed in their duty to keep the property safe while you were there.
- The property owner’s failure to keep their property safe led to your slip and fall accident.
- The damages for which you seek compensation were a direct result of your slip and fall accident.
- There was no way you could reasonably have known of the hazards/dangerous conditions that led to your slip and fall accident.
How Is Liability Determined in Slip and Fall Cases in Georgia?
As we mentioned earlier on, the laws governing slip and fall cases in Mableton and across the state of Georgia are very complex. Note that being involved in a slip and fall accident does not automatically that you will be compensated once you lodge a compensation claim against the party that you deem responsible for your losses and damages.
Though each property owner has a duty of care to all the people who visit or use their premises, under Georgia law, you must exercise ordinary care to avoid hazards, especially where the property owner has placed warnings of impending hazards. Further, you must also act responsibly in such a way that you are not in any way responsible for your slip and fall accident.
The State of Georgia follows the law of modified comparative negligence when determining how much you should be paid in a slip and fall claim. Under comparative negligence laws, your compensation is reduced by the percentage of fault assigned to you. the amount of money that you receive as compensation is dependent on your level of fault in a slip and fall accident.
In Georgia, you cannot receive any compensation from the party you are suing if it is determined that your fault in the slip and fall accident is 50% or more.
To determine your level of fault in a slip and fall accident, some of the key questions you may be asked during the claim proceedings include:
- Did the property/premise owner provide adequate and visible warnings of the impending hazardous conditions that led to your slip and fall accident?
- Were you carrying out any activities that could have prevented you from seeing the hazards that led to your accident?
- In similar circumstances, would another individual have been able to avoid the accident?
- What was your legal position in the property at the time of the accident – were you a trespasser or an invitee?
Given that the defendant will fight tooth and nail to lower and negate their level of responsibility in your claim case, we recommend that you call Jamie Ballard Law at 404-301-1687 immediately after your slip and fall accident so that we can protect your right to receive maximum compensation in your slip and fall case.
How Much Should I Expect to Receive for My Mableton, GA Slip & Fall Case?
The amount awarded in a slip and fall case varies depending on the unique facts surrounding each case. The more serious your injuries and losses are, the more compensation you can claim.
Jamie Ballard Law will carefully scrutinize your case, and, based on our experience, we will be able to give you an estimate on how much you should expect to receive on lodging your claim. By calling 404-301-1687, we will protect your legal right to fair and just compensation.
Is There a Time Limit for Filing a Slip & Fall Case in Georgia?
Like most other states, Georgia has a time limit within which slip and fall claims should be filed. This time limit for filing claims is known as the statute of limitations. If the statute of limitations expires, you cannot pursue compensation from the party that you hold liable for causing your slip and fall accident.
The statute of limitations for filing a slip and fall compensation claim in Mableton, Georgia is 2 years from when you sustain injuries/damages in a slip and fall accident.
Suffered a Slip and Fall in Mableton, GA? Call Jamie Ballard Law!
This may seem like a great deal of information to digest, but it is all essential since slip and fall cases have their own set of “rules.” The key takeaways are making sure that you gather as much evidence as you can at the scene, move quickly when it comes to filing a claim, and contact a reliable, experienced lawyer as soon as you can.
Jamie Ballard has over eight years of experience and is dedicated to winning favorable settlements and judgments for victims of slip and fall accidents and other personal injuries in Georgia. Jamie uses a client-centered approach to deliver top-notch service and results.
At Jamie Ballard Law, we take cases on a contingency fee basis, meaning we don’t get paid unless you do. To get the best legal representation in your Mableton, GA slip and fall case, get in touch with us today by calling 404-301-1687 or completing our contact form.