A slip and fall injury is a case where an individual is hurt on someone else’s property after they slipped, fell, or tripped on something that was not constructed following the legal construction norms. These slip and fall cases are a subset of premises liability related lawsuits. The underlying principle behind these kinds of cases is that owners of the property are responsible for maintaining their property in a secured fashion.
The slip and fall lawsuits are quite common, considering the construction frauds that happen every instance. Therefore, if you happen to feel that you have ever been subjected to the harsh circumstances of slip injuries, you are open to contact an Atlanta based slip and fall attorney.
The classification of slip and fall cases
Instances of slip and fall tend to happen all the time. But in order to confirm that you have a strong case or not, check the property for:
- Slippery surface
- Surface covered with ice or snow
- The floor is wrapped around with tangled cords, cables, or wires.
- Unfit flooring structures
- Blurred visibility and low lighting
If that exact property sustains any of these features, don’t hesitate to call for the best slip and fall lawyer in Atlanta.
How is a slip and fall injury lawsuit approached?
The scenarios in a slip and fall case are not as easy as they appear. In order to claim compensation or damage recovery from the scene’s property owner, you as a plaintiff must prove:
- That the property owner breached the code of construction norms when setting up their premises.
- Or they owed you a duty of care.
- The duty of care they owed you got somehow breached, and that breach caused your injuries.
- Plus, the injuries you suffer caused a great deal of emotional and financial distress.
The damages that a plaintiff can revive in a slip and fall injury
As for an injury lawsuit, the compensation amount is always based on the intensity of the damage caused. As a victim of an uncalled injury, you can recover multiple forms of damages, whether financial or non-financial.
The financial aspects of your recovery can include your medical expenses like:
○ X-ray bills
○ Cost of fees for hiring a personal injury doctor in Atlanta
○ In worse cases, surgery bills.
○ The cost of nurse assistance (in case of elderly or cases where the plaintiff is bed-ridden)
Another type of financial damage that you can seek is wage loss. This condition comes to play in cases where you cannot resume work and thereby take unpaid leave, or you are a daily wage earner, and your injury is inhibiting your work routine.
The non-financial aspects of such cases arise when you, as a plaintiff, feel too helpless or experience a complete emotional disbalance after the injury.
The significance of comparative negligence in a slip and fall injury case
Comparative negligence is a legal defense term that the defendant can raise during a slip and fall injury case.
Comparative negligence refers to the plaintiff’s share in the injury. The defendant here tries to prove that the whole slip and fall injury was not their fault entirely. The plaintiff, too, shares some amount of responsibility here. And that share of responsibility from the plaintiff’s side is subtracted from the entire compensation amount.
For instance, let’s assume that you were 25 percent responsible for what happened because you were negligent to your surroundings. Therefore, that total amount of 25 percent will get subtracted from the defendant’s damage recovery costs.
The proceedings of a slip and fall injury case
The proceedings of a court could be complicated and elaborate, and therefore relying upon a personal injury lawyer of Atlanta seems like a wise decision.
- The foremost step towards any lawsuit is case filing.
- You will have to file a complaint against the property owner who you think directly or indirectly caused your injuries.
- Subsequently, your case will proceed to the discovery phase. It is the phase where the defendant parties and the plaintiff parties exchange information, evidence, claims, and other necessary action related to the case.
- After this, the parties can exchange their motion on the case, and if any of the parties disagree, the case can proceed to a legal trial.