Slip and fall accidents are often more serious than most people imagine. A slip and fall victim can suffer life-altering injuries including broken bones, paralysis, and brain trauma. Often, slip and fall accidents are caused by a property owner’s failure to keep their premises clear of hazards. If you’re the victim of a slip and fall accident caused by someone else, you may have the right to compensation from the responsible party.
At Reaves Law Firm, PLLC, our respected Memphis slip and fall lawyers have a proven track record of helping accident victims get the recovery that they deserve. As former defense attorneys, we understand how insurance companies fight slip and fall claims, and we have the skills and resources to fight for you. Our dedicated team will help you pursue maximum financial compensation for your medical bills, missed time from work, pain and suffering, and other losses.
There is no cost for a consultation with one of our qualified personal injury lawyers. Let us be your voice in the legal process so you can focus on your physical and emotional recovery. Call our experienced injury attorneys today.
You may have a slip and fall case if another party is legally liable for your accident and the resulting injuries. You must establish the other party’s legal liability based on negligence, recklessness, or intentional conduct.
In Tennessee, a slip and fall negligence claim is based on duty, breach of duty, causation, and damages. A claim may be based on the actions or the inactions of the responsible party.
Proving negligence requires showing how the responsible party had a duty to protect the safety of the victim. Business owners such as restaurants, gas stations, amusement parks, medical care providers, other businesses, and government agencies are the most common responsible parties, but many parties can have a duty of reasonable care to others.
You then must show that the party breached that duty of care, and that breach directly caused the accident. Your attorney may prove this by acquiring surveillance footage of the accident, taking pictures of the accident scene, interviewing witnesses, and providing medical records.
The final step is showing the damages that resulted from the fall. You must have real, tangible losses in order to bring a slip and fall action. Your attorney can show these damages by providing medical bills, receipts, and many other types of documentation.
In cases of reckless conduct, the victim must demonstrate that the conduct was reckless or in willful disregard of the safety of others. The victim must also connect the reckless actions to the harm that results.
A case that’s based on intentional acts requires demonstrating the intent of the responsible party and showing the extent of your damages. Proving intent can be difficult, but an experienced slip and fall lawyer can advise you on your options and help build a strong case for full compensation.
Tennessee law uses a system of comparative negligence when multiple parties may be at fault for the slip and fall accident. For example, the other party may try to say that the area where the slip and fall occurred was blocked by warning signs. They might claim that you should have been paying more attention or even that your shoes were inappropriate for the circumstances.
Even if you share some responsibility for the accident, you may still have the right to compensation. Tennessee slip and fall laws allow an accident victim to claim some compensation even if the victim contributes to the accident. However, the value of your claim may be reduced by the percentage you are found to be at fault.
For example, if you were texting when you slipped and fell on an unmarked spill in a grocery store, you may be found to be 25 percent responsible for your own injuries. If you are then awarded $100,000 in damages, that amount would be reduced by 25 percent, leaving you with $75,000.
If you are found to be 50 percent or more at fault, you will be barred from recovering any compensation. Insurance companies will try to take advantage of this system and argue that you are more to blame for an accident, so it is essential to hire a knowledgeable slip and fall lawyer to protect your right to compensation.
The plaintiff has the burden to prove the elements of the slip and fall claim. Having the evidence that you need to demonstrate each element of the claim is very important. Some of the evidence that you may use to prove your slip and all claim includes:
Our Memphis slip and fall lawyers can help you understand how to gather this evidence, or even gather it on your behalf. We are here to make this process as easy as possible on you and your family.
Responding quickly and appropriately after a slip and fall or trip and fall accident can make the claims process easier and protect your right to fair compensation. Here are the steps that you should take after a slip and fall accident:
Our attorneys want you to receive fair compensation after a slip and fall accident. Part of fighting for you is helping you take the appropriate steps following an injury. Our team can examine your case and the steps that you have already taken. We can then recommend and help you take further actions to build your claim. Contact us today for a free consultation.
After a slip and fall accident, the victim may claim compensation based on personal losses. The amount of compensation that a victim receives will depend on the losses suffered, the victim’s ability to prove those losses, and the ability of the responsible party to pay the claim personally or through an insurance policy.
Compensation for a slip and fall accident includes both economic and non-economic losses that resulted from the accident. Some common types of compensation that slip and fall victims may receive include:
Additionally, if your family member passed away as a result of a slip and fall accident, you may be able to recover death benefits through a wrongful death claim. The compensation in these cases may include medical expenses up until the victim’s death, funeral costs, loss of income, loss of emotional support, and more.
In Tennessee, the time limit to file a slip and fall lawsuit is only one year from the date of the accident. Don’t be fooled by insurance stall tactics that are designed to make you miss the deadline. If you miss the time limit to file your case, you may recover nothing even if your case is obvious.
It’s important to contact an experienced attorney as soon as you are injured in a slip and fall accident.
Our lawyers help slip and fall victims throughout Tennessee fight for justice. We offer experienced and compassionate representation for slip and fall victims and their families.
Contact us today to see what sets us apart. A consultation with our legal team is free, and we offer services with no fee unless we win money for you. Call us to speak to a member of our team right now. We look forward to hearing from you.