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 injured individual.
Georgia has very complicated laws governing the recovery of damages by victims of slip and fall accidents. In order to recover the compensation you deserve, it’s important to have a skilled Marietta slip and fall lawyer on your side. At Jamie Ballard Law, we specialize in personal injury cases and are prepared to fight for our clients. Call 404-301-1687 today to schedule a free consultation.
What Are the Most Common Slip and Fall Accidents?
Some of the most common causes of slip and fall accidents 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
How Can a Marietta Slip and Fall Attorney Help Me With My Case?
When it comes to slip and fall cases, they can be tricky for those who are not experts in the field. This is why you need to get in touch with someone at Jamie Ballard Law. We have helped numerous clients in Marietta prove their cases and receive the compensation they deserve.
Services we provide include:
- Filing paperwork on your behalf
- Scheduling meetings with the involved parties
- Researching case law that pertains to the incident in question
- Preparing briefs
- Negotiating a settlement for you
- Representing you in court
In short, we will review the details of your incident, handle communication with the responsible party and their lawyer, deal with insurance companies, and do everything it takes to assure a positive outcome. Give us a call at 404-301-1687 so we can discuss your case.
What Steps Can Be Taken to Help a Slip and Fall Case?
If you slip and fall in a public place, you can be your best advocate. Here is everything you should do if you are ever in this unfortunate situation:
- Take all the photos you can at the scene of the accident.
- Report the incident to a manager or someone else in charge.
- Record the contact information of any potential witnesses.
- If you need medical attention, get it immediately. Waiting around is not likely to work in your favor.
How Can a Slip and Fall Accident Be Proven?
In order for a slip and fall accident to be successfully proven, the property owner must have previously known about the hazardous condition and failed to do anything to remedy it. For example, if a home has two broken stairs and someone falls as they are climbing them, the owner can be found negligent since failing to fix the issue is what led to the accident.
Another situation that would apply would be someone mopping a floor and forgetting to place a warning sign there. There is no way for the victim to tell the area will be wet, so there is no way they could have reasonably avoided injury. In that case, the owner of the property could be held liable.
If you are not clear on whether your accident fits into this criteria, get in touch with us and we will talk it over with you and figure out what actions should be taken.
How Is Liability Determined in a Marietta, GA Slip and Fall Case?
Two factors play a role in how liability will be determined: negligence of the property owner and whether the injured party’s carelessness contributed to the accident. These two are weighed against one another and the one who has exhibited a larger amount of carelessness will have to pay at least a portion of the damages.
The following propositions will give you an idea of how this process works:
- If someone is injured in a place where they were not authorized to be, it is not likely they will be compensated since the person is responsible for the accident was not in a position where they had a duty to be careful to the victim.
- In the event someone is negligent while they are working for someone else, the employer may be held liable as well.
- If it has been determined that both parties were negligent in some way, this can reduce the amount that the victim will be compensated.
- When people are hurt on property that is not well built and maintained, the owner may not have created this condition, but they would still be responsible.
Understandably, this can be a bit confusing, but we are here to guide you through this process. Before you do anything that can have a negative effect on your case, call Jamie Ballard Law at 404-301-1687 today.
How Much Is My Slip and Fall Case Worth?
This is a fairly loaded question since all cases are not the same. Each situation warrants a separate determination. You may receive much less or considerably more. It will all depend on the following:
The Severity of the Accident
The more serious the injuries are, the more likely it will be that the victim will receive compensation to cover lost wages, lower earning capacity, and a decrease in their quality of life.
Wages You Were Making When You Were Injured
In some cases, the injured party is the primary breadwinner for their family and the loss of income could be financially crippling.
Insurance Coverage of the Property Owner
The insurance coverage of the property owner will also help determine your compensation. In cases where there is no coverage in place, you may win the case, but the responsible party may be unable to pay the full amount needed to compensate you fairly.
Having an experienced slip and fall attorney with great track records is the key difference when it comes to determining the worth of your claim. Your attorney can assist you with determining the value of your case, negotiate with insurance providers, represent you in court (if necessary), and gather evidence.
Be patient when it comes to the legal process. You may be offered compensation right away and it could be quite tempting, but it is always best to allow your lawyer to negotiate until you are offered a fair amount.
While you may be able to do some tasks on your own, you should allow the professionals to handle them. Even if you are a fairly intelligent person, this is not your forte and it would be extremely difficult to do some of these things on your own.
Are There Any Time Limits for Filing a Slip and Fall Lawsuit?
When you are involved in an accident, time is of the essence, so you should begin your claim process right away. According to Georgia Code §9-3-33, you have up to two years to file a claim after you have been involved in a personal injury incident. With that said, the longer you wait, the more difficult it will be. Details may become blurred, evidence may be misplaced, witnesses may no longer be available.
Common exceptions to the two-year time limit are when the injured party is mentally incapable, underage, or a victim of fraud.
It should also be noted that the limits are different in cases where people intend to file a claim against a government agency.
Contact a Marietta Slip and Fall Lawyer Today!
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 Law is a firm that has been operating for more than eight years. In that time, many clients have successfully filed personal injury claims and gotten fair compensation. The best way for you to move forward at this time would be to schedule a free consultation. Keep in mind that our firm does not get paid unless you do, so there should not be any question about how hard they are willing to work to prove your case.