Depending on where it happens and how awkwardly you land, an unexpected fall can cause injuries that last for months or even years and result in extensive financial, physical, and psychological losses. Unfortunately, filing suit over an accident like this can be more complicated than other types of personal injury litigation. This is mostly due to the fact that slightly different rules apply when the alleged source of an accident is negligence by a property owner or manager.
Making sense of legal procedures and effectively pursuing compensation could be much easier with a knowledgeable Bartlett slip and fall lawyer by your side. Once retained, a diligent personal injury attorney at the Reaves Law Firm, PLLC could lend their experience and expertise towards achieving the best possible result for your unique claim.
The most important thing slip and fall victims should know about their prospects for civil litigation is that an accident occurring on someone else’s privately owned land does not automatically make that person legally liable for it. Landowners only bear fault for slipping and tripping accidents that occur when they violated a duty of care owed to the injured party, the exact nature of which changes slightly depending on that party’s reason for visiting their property.
Broadly speaking, if someone is on another person’s property for the owner’s benefit—for example, as a customer inside a retail store—and subsequently slips or trips because of a hazard the property owner failed to address, the injured person may have grounds for litigation. Notably, “constructive knowledge” of a hazard—in other words, knowledge that a reasonably careful property owner should have had under the circumstances—may be sufficient to justify litigation, as a Bartlett slip and fall attorney could further explain.
Recoverable damages following a slip or trip and fall caused by landowner neglect may include:
As per Tennessee Code §29-39-102, though, the most an individual plaintiff can recover for non-economic forms of harm is $750,000 unless they sustained a catastrophic injury, in which the cap increases to $1,000,000.
Another key rule to know about for slip and fall cases is the statute of limitations codified in TN Code §28-3-104. This section of state law sets a filing deadline of one year after an accident occurs for an injured individual to start pursuing civil litigation. If they fail to do so, even the most compelling claim would almost certainly be time-barred and thrown out of court, eliminating any chance of financial recovery for their losses through legal action.
This filing period is substantially shorter than similar laws in other states. and building a comprehensive lawsuit or settlement demand within that short window can be very challenging to accomplish alone. Because of this, retaining a skilled lawyer’s help as quickly as possible after a slip and fall accident in Bartlett is often vital to preserving an injured person’s rights.
It can be difficult to effectively understand and enforce your rights after a serious slipping or tripping accident, particularly one that results in a severe injury. Fortunately, assistance is available from a dedicated legal professional with a track record of positive case outcomes achieved on behalf of people just like you.
A conversation with a Bartlett slip and fall lawyer could provide the clarity you need to proactively pursue the compensation you deserve. Call the Reaves Law Firm, PLLC today to schedule an initial consultation.