When you visit a restaurant, office, shopping mall, government building, apartment complex, or simply take a walk, your experience needs to be free of hazards. Property owners should diligently maintain their properties at all times to minimize the risk of injury to their employees, customers, and visitors. If you or someone in your family is injured in a slip and fall accident caused by poor maintenance of the property, Georgia law allows you to seek adequate compensation for your injuries.
Slip and fall injuries are painful, emotionally draining, and expensive. The victim may require long-term medical care and miss work due to the injuries he or she suffers during the accident. Proving negligence in a slip and fall case isn’t easy. It’s quite a complex task that requires the help of a professional Smyrna slip and fall lawyer.
Jamie Ballard specializes in personal injury law including slip and fall cases with over 8 years of experience in the industry. She is dedicated to fighting to obtain fair settlements and judgments on behalf of her clients. There are no consultation and upfront fees when you choose to work with Jamie Ballard Law. Call 404-301-1687 today to schedule your free consultation.
What Are the Most Common Causes of Slip and Fall Accidents?
There are a wide variety of hazardous conditions that can cause a slip and fall injury. Most people go about their day-to-day living without unnecessarily worrying about their safety. Accidents could happen anywhere at any time whether on private or public premises.
Here are some of the most common causes of slip and fall accidents in Georgia:
Structural Defects
Private or public facilities may have structural defects that lead to slip and fall accidents. For example, public and private properties may have cracked sidewalks, broken floor tiles, torn carpeting, and many other hazards. On the other hand, potholes on roads and parking lots can cause visitors, guests, customers, and employees to unnecessarily slip and fall.
Improper Maintenance
Improper maintenance of public and private buildings can result in slippery floors, uneven steps, broken staircases, malfunctioning escalators with missing handrails, and unlit walkways or hallways. These conditions can easily lead to slip and fall accidents and subsequent injuries.
- Hospitals and nursing homes may have hazardous spills that aren’t cleaned on time.
- Snow and ice that don’t get shoveled away or salted can result in unnecessary slip and fall accidents.
- Workplaces may have hazardous debris such as tree branches that don’t get cleaned up on time.
- Property owners may fail to install storm drains, gutters, or anti-slip devices, which could lead to hazardous conditions when there is heavy rainfall or snowfall.
Lack of Warnings
Another common cause of slip and fall accidents is the failure of the property owner to place signs or restrictions in areas when hazardous conditions like any of the above exist.
How Can a Smyrna Slip and Fall Attorney Help Me With My Case?
The most important thing is to protect the legal rights of the victim when you or someone in your family becomes a victim of the negligence of a public or private property owner.
Case Preparation
Preparing a case and filing a lawsuit comes with a lot of paperwork and different aspects of it that must be met. This process can be stressful if you handle it by yourself. Your attorney will help you with this process.
Settlement Negotiations
Most slip and fall accidents are paid for through insurance. Your Smyrna slip and fall lawyer can negotiate with the insurance company to obtain maximum compensation for your injuries.
When you have a slip and fall case, the property owners’ insurance company will try to settle the case with the lowest possible compensation. That is where a reliable slip and fall attorney in Smyrna can help you. Attorney Jamie Ballard will negotiate with the insurance company and fight to secure the highest possible compensation.
Trial Representation
Not all cases are solved through negotiations. As such, when negotiations fail, the case will have to move forward to the civil court. This means that you will need an experienced person who will help you prepare and represent you.
What Steps Can Be Taken to Help a Slip and Fall Case?
Most slip and fall victims are confused as to what they should do soon after a slip and fall accident in case they are not severely injured as a result of the accident. Here are the most important steps that you should take soon after a slip and fall accident to help build a solid case against the property owner or manager:
- The first step is to report the accident to the owner or manager of the property.
- Even if your injuries are mild, we recommend that you seek medical help because it will help prove that you were injured as a result of the accident.
- Take photos or video the scene if you are in a position to do so.
- If there are any witnesses to the incident, take down their names, addresses, and contact numbers.
- If you are not seriously injured in the accident, see if the issue can be resolved right away. You can try to speak to the property owner or manager and explain the situation.
- Contact an attorney right away.
How Can a Slip and Fall Accident Be Proved?
The owner of public or private property has a duty of care to maintain his/her premises properly and deal with any hazards that threaten the safety of all visitors, employees, guests, and clients.
The victim needs to prove that the owner or manager of the property failed to fix a safety issue that he/she knew about or should have known about.
The victim also needs to prove the owner didn’t warn him/her of the danger. If there are no signs posted about the impending danger or the area isn’t restricted, the visitors won’t be aware of any dangers on the premises and won’t have time to avoid such dangers.
Finally, it’s important to prove that the property owner’s negligence caused your slip and fall accident and that this led to your injuries and related financial costs.
How Is Liability Determined in a Smyrna, GA Slip & Fall Case?
In order to recover damages for your slip and fall injuries, you and your lawyer should prove the following:
- The property owner or manager was required by Georgia law to maintain safe conditions on his/her premises for all visitors including customers, employees, and guests.
- The property manager or owner failed to do so due to his/her negligence or reckless behavior.
- The slip and fall accident was caused as a result of this failure.
- Your fall caused your injuries and related damages.
If you can’t prove these four elements, you won’t be able to recover damages. In fact, If your slip and fall lawsuit is weak on one of these elements, the insurance company will try to pay out the minimum compensation possible just to make your claim go away. That is why you should hire a lawyer with the skills and experience to handle your claim.
You should also be prepared to answer the following questions while trying to prove your claim:
- Did you have a valid reason to be on the defendant’s property at the time of the accident?
- Would a person with reasonable caution in a similar situation avoid the accident?
- Were there any warning signs on the property about the dangerous situation that led to the accident?
- Were you engaged in any activity that led to the slip and fall accident and subsequent injuries?
What Injuries Do Slip and Fall Accidents Cause?
Slip and fall accidents can be serious at times and result in cuts, head injuries, broken bones, soft tissue injuries, spinal injuries, and even death. Slip and fall injuries are painful, emotionally draining, and expensive. The victim may require long-term medical care and miss work due to the injuries he or she suffers during the accident.
How Much Is My Slip and Fall Case Worth?
Since there are different types of slip and fall accidents, it is almost impossible to list an average amount. Your settlement will reflect the state of your injuries. For example, if your injuries are significant and you were not involved in any way in causing the accident, you can expect a greater settlement for your damages.
You can claim medical costs (both past and future), loss of income, pain & suffering, and more if your case is proven. During a free consultation with Jamie Ballard Law, we will evaluate your case and advise how much your slip and fall case is worth. Attorney Jamie Ballard will fight to win the maximum compensation for your injuries.
Are There Any Time Limits for Filing a Slip and Fall Lawsuit in Georgia?
Yes. A claim for damages due to trip and fall or slip and fall injuries should be filed within a certain period of time. It is known as the statute of limitations. In the state of Georgia, the statute of limitations is 2 years from the date of your injuries. If you don’t file the claim by the statute of limitations date, your case is forever void.
It’s important to call Jamie Ballard Law at 404-301-1687 as soon as possible after your slip and fall.
Call a Smyrna Slip and Fall Lawyer Today!
Were you or someone in your family injured due to a slip and fall accident? When you or your loved one is injured due to a slip and fall or trip and fall accident, Georgia law allows you to claim compensation from the negligent or at-fault party, which is usually the property owner or manager. Proving the negligence of the at-fault party is no easy task. There are many points to prove before you can obtain maximum compensation for your injuries.
The most important step in the process is to hire an experienced personal injury lawyer in Smyrna to file your case. Smyrna has hundreds of personal injury law firms. But all of these law firms are not created alike. Your research is crucial to picking the right personal injury lawyer to handle your case. Jamie Ballard Law is your trusted partner in Smyrna, Georgia when it comes to filing your slip and fall case and obtaining maximum compensation for your injuries.
Call Jamie Ballard Law at 404-301-1687 today to make sure your legal rights are protected and you don’t lose the chances of receiving the fair compensation you rightly deserve.
