If you’ve been in a slip-and-fall accident, you may wonder how you can receive compensation and what you can do to prove someone else caused the accident. Slip-and-fall accidents can have devastating consequences. Injuries can range from minor cuts and bruises to fractured bones, soft tissue injuries, brain injuries, and even death.
At MG Law, we understand how to win a slip & fall accident claim and are here to advocate for Georgia’s personal injury victims.
What to Do After a Slip-and-Fall Accident
After a slip-and-fall accident, there are steps you can take to help safeguard your health and protect your legal rights. Let’s go over those now.
Seek Medical Attention and Follow Doctor Recommendations
First, you should seek medical attention right away. Even if you don’t think you need to see a doctor, the best practice is to do so. Seeing a doctor creates a paper trail to document the accident and your injuries. Seeing a doctor also ensures your injuries are correctly identified and treated.
During the accident, your body may produce an excess of adrenaline, which has a masking effect on the pain you’re feeling. Because of this, you may feel fine right after an accident. However, you may have internal injuries, a concussion, or another injury that hasn’t reared its head yet. Because the severity of an injury may not be immediately apparent, it’s usually worth seeing a doctor as soon as possible.
Seeking medical treatment also helps strengthen your injury claim by showing that you did everything possible to mitigate your damages. Follow your doctor’s treatment recommendations and, if possible, keep a pain log to track your symptoms.
File an Insurance Claim
If you slipped and fell on someone else’s property, you may have to file a claim with their insurance company. Make sure to file this claim within a reasonable time after the accident occurs. This helps move things along when evidence and memories are still fresh. It also shows you acted diligently and didn’t try to delay things.
You can contact a slip-and-fall attorney if you have any questions about this process. They understand how to win a slip-and-fall accident claim and file the proper claim with the right insurance company.
We have years of experience helping slip-and-fall victims successfully navigate the claims process.
Proving Negligence and Liability
To have a chance at winning your slip-and-fall accident claim, you need to be able to prove negligence and liability. Let’s go over these in turn below.
What Is Negligence?
Negligence is a legal theory of personal injury that encompasses four essential elements. These elements are:
- Duty of care. The at-fault party must have owed you a duty of care to act as a reasonably prudent person would under the circumstances. For slip-and-fall cases, this typically means they were the property owner and you were lawfully present on the property.
- Breach of the duty of care. A breach occurs when the at-fault party failed to fulfill their duty of care. For slip and falls, this could mean they didn’t properly care for or maintain the property or that they ignored hazardous conditions.
- Injury. To recover compensation, you must have suffered an injury (or damages) because of the accident. For example, you may have lost time at work, incurred medical expenses, or experienced a loss of enjoyment in life.
- Causation. For the other party to be liable for your damages, you need to show that there is a sufficient causal link between their breach and your injuries.
Plaintiffs need to prove all four elements to have a chance of winning their case.
How Do I Prove Someone’s Liability?
So how do you prove that someone is liable for the accident and your injuries? What you need to do to meet your burden of proof depends on the facts of your case and the applicable law.
A slip-and-fall attorney can help you gather and present the appropriate amount and type of evidence to help you win your case. For example, they might interview employees and department heads to find out if they had a process in place for inspecting and maintaining the premises. Or your attorney might call in medical experts to testify about your condition and its impact on your quality of life.
What Damages to Sue for in a Slip-and-Fall Accident Case?
Victims of a slip-and-fall accident may pursue damages or compensation for their injuries and the impact their injuries have had on their lives.
There are three types of damages that may be available to you in your personal injury case:
Whether these types of compensation are available to you depend on the unique circumstances of your case and the applicable law.
We help personal injury victims and their families maximize the recovery they receive for their injuries. You are hurting, physically and financially, after an accident and deserve every penny you’re owed..
Economic (or Special) Damages
Economic damages, also known as special damages, reimburse you for the economic losses you suffered because of your accident and injury. They might include lost wages, medical bills, and lost earning capacity.
Noneconomic (or General) Damages
Noneconomic, or general , damages seek to compensate you for the emotional and psychological costs of your accident and injury. These include pain and suffering, loss of quality of life, and emotional stress.
Punitive damages serve to punish the wrongdoer and prevent similar harms from occurring in the future. In Georgia, courts typically impose punitive damages only where there is evidence of fraud, malice, or willful or wanton misconduct.
MG Law—We Understand How to Help You Win a Slip-and-Fall Accident Claim
We are leaders in the Georgia community, fighting the good fight for our clients. We understand you’re hurting and that getting you back on your feet is going to take some time. Our team puts your interests first, so you can focus on what is important to you. We take care of the rest.
Our team is led by Michael Geoffroy, who has received a 10.0 rating from AVVO (the highest possible rating) and routinely gives back to the community that he serves.
To learn more about how we can help with your slip-and-fall claim, call our office today or contact us online.