A slip and fall claim is a type of personal injury case in which you can hold another person financially accountable for injuries you suffered on their property. While these claims are straightforward in principle, they can quickly become very complex once an insurance company gets involved. At Console & Associates, P.C. , our dedicated team of slip and fall lawyers has significant hands-on experience representing clients in all types of slip and fall claims.
Over the past 25 years, we’ve represented clients injured in all types of falls, helping them obtain the compensation they need to begin moving on with their lives after what is often a life-changing injury. At Console & Associates, P.C., we understand the situation you are in and will do everything we can to make the process as seamless as possible. When you bring us onto your team, we will handle everything, giving you the time and ability to rest, recover, and get your life back on track. Contact us today for a free consultation at (866) 778-5500.
Slip and fall cases are not limited to businesses, however. Any property owner can be held liable for a guest’s injuries, whether it is a private homeowner, a non-profit organization, or a government entity. At Console & Associates, P.C., we can help you effectively bring a claim against the owner of the property where you were hurt.
Slip and fall accidents can result from a wide range of hazardous conditions on another’s property. Slip and fall laws vary by state; however, almost all property owners owe a legal duty to invited guests to ensure that the area accessible to them is reasonably safe. Depending on the type of building or property, as well as the reason for your visit, a property owner’s duty to you will vary. However, many slip and fall accidents are caused by the following hazards:
Regardless of the specific type of hazard that caused you to fall, at Console & Associates, P.C., we have very likely handled a similar claim and can advise you on the best way to proceed.
Slip and fall accidents are most often the result of the property owner’s failure to keep their property safe. Often, this involves the lack of proper maintenance. For example, a grocery store should expect that, on occasion, a customer may knock an item off the shelf resulting in a spill. Thus, to make sure that customers are safe, a grocery store should conduct periodic inspections of all the aisles. If a grocery store doesn’t have such a policy, or they do not follow a policy that’s on the books, it may mean that the store was negligent.
Slip and fall accidents can occur almost anywhere, including:
One common issue accident victims face, especially after suffering an injury in a commercial location, is determining which party to name in the lawsuit. For example, often, commercial buildings are owned by one party and operated by another. At Console & Associates, P.C., we carefully identify all possible parties who may be responsible for your injuries.
While not every slip and fall results in serious injury, many do. While, on a gut level, it may seem that falls do not pose the same threat to your health and safety as other types of accidents, that isn’t the case. This is especially the case among older Americans.
Falls are a leading cause of serious injury in the United States across all age groups. For example, the following are the most common injuries after a slip and fall accident:
The dedicated slip and fall lawyers at Console & Associates, P.C. can help you understand the long-term impact of the accident on your life and help you obtain the appropriate amount of damages.
When you can’t just walk off the pain of a slip and fall injury, we can help.
Determining who is at fault for a slip and fall accident usually involves figuring out who is responsible for maintaining the property. On the most basic level, essentially any property owner can be liable for a visitor’s injuries, including:
While it may be straightforward to identify who the responsible party is in some situations, that will not always be the case. For example, if you slipped and fell in a grocery store parking lot, would you file a case against the grocery store? It depends if the grocery store owned the parking lot or whether the lot was owned by a commercial real estate company that leased the parking lot to the grocery store.
Additionally, you should expect that whichever party or parties you name in a slip and fall lawsuit will dispute their own fault. Perhaps they will attempt to shift blame onto another business or entity, or they may even argue that your own negligence was the cause of your fall. As experienced slip and fall lawyers, at Console & Associates, P.C., we can effectively respond to whatever defenses the property owner raised, increasing your chances of success.
If you fell on another’s property, you may be entitled to financial compensation through a slip and fall lawsuit. However, before a court will award you any damages, you must establish the elements of a slip and fall claim. To do so, you must prove each of the following:
Generally, property owners owe a duty to all invited guests, regardless of whether the invitation is express or implied. This means that a business owes you a duty of care regardless of whether you purchase anything, or even if you were just window-shopping. The biggest exception is in regards to trespassers; however, this infrequently comes up in slip and fall claims.
To prove that a property owner breached a duty of care, you must show that they were somehow negligent in the care of the property. This may be by illustrating that the owner failed to fix a known defect or conduct a routine inspection of the property.
Next, you must show that your injuries were the result of the property owner’s negligence and not caused by something else. To prove causation, your attorney may present testimony from a treating doctor who explains that your injuries were due to your fall.
Finally, you must show that you suffered some type of damage because of the fall. While most slip and fall cases do not fail for lack of damages, it is still important that you and your attorney identify the full extent of your damages to ensure you are fairly compensated for your injuries.
After an accident, you have a certain amount of time to bring a lawsuit against a property owner, as outlined in the relevant statute of limitations. Every state has its own statute of limitations for slip and fall cases; however, many states require a claim to be filed within two years of your injury. Thus, it is important not to wait too long before reaching out to a lawyer to discuss your slip and fall accident lawsuit. If you wait until after the statute of limitations has expired, the court will very likely dismiss your case without ever hearing its merits.
It is best to contact a lawyer about your case as quickly as possible. While the thought of bringing a slip and fall case in the immediate aftermath of a fall may seem overwhelming, it doesn’t have to be. It is important to remember that your attorney will be doing all the heavy lifting when it comes to preparing and filing your case. Additionally, the more quickly you contact an attorney, the sooner they can get to work investigating the accident, negotiating with the insurance company, and getting your case ready to settle or for trial.
Waiting to contact a lawyer will not help your case. For example, even if your injuries are such that they worsen over time, your lawyer can amend the filing to include additional requests based on aggravated injuries. On the other hand, the longer you wait, the more difficult it may be for your attorney to locate the evidence necessary to prove your claim. For instance, a business may intentionally or inadvertently destroy video footage or other important evidence that could be useful to your case.
We don’t get paid unless you do.
If you are looking for an affordable slip and fall lawyer, the best place to start is by first identifying those law firms that accept cases on a contingency basis. In this type of fee agreement, a lawyer takes your case for no money upfront. Often, they will even advance all litigation costs. This means that you will pay nothing until your case is settled or a jury comes back with a verdict in your favor. At that point, you will pay your lawyer a percentage of the amount awarded.
At Console & Associates, P.C., we want our interests to align with yours, so we developed the No Fee Promise. When you bring Console & Associates, P.C. onto your legal team, we will not charge you anything unless and until we can successfully resolve your case. If we are confident in your case, we will put our money where our mouth is and stand behind you every step of the way. And if we can’t secure damages on your behalf, you won’t pay us anything.
If you’ve been seriously hurt in a slip and fall accident, the most important thing you can do for your case is that you speak to an experienced personal injury lawyer. After a slip and fall accident, you are inevitably going to need to speak with the insurance company. An insurance company representative will reach out to you to discuss the accident and your injuries. They do this in hopes of getting you to settle the case, often for as little money as possible.
Two of the most critical jobs of a slip and fall injury lawyer are identifying the full extent of your damages and negotiating on your behalf, so you don’t have to. Your attorney can review your medical records, work records, and personal history to determine the financial impact that the accident had on your life. Your lawyers will also understand what motivates an insurance company to make a fair offer and when an insurance company’s proposed settlement is lacking. In short, a skilled slip and fall accident lawyer can put a compelling case for recovery together before approaching the insurance company representative, streamlining the process from beginning to end.
At Console & Associates, P.C., we have more than 25 years of experience negotiating with some of the largest and most powerful insurance companies in the country. We’ve also handled countless slip and fall cases. We are not afraid to ask for what is fair because we know we will back up our demands with strong supporting evidence and legal reasoning.
Bringing a slip and fall accident lawsuit may not be on the top of your priority list, and we understand that. However, at Console & Associates, P.C., we also know the long-term impact that an accident can have on your life and want to make sure that you make the best decision for your family. We offer free consultations to all slip and fall accident victims, during which we will answer all your questions and listen attentively to what you tell us is important to you. From there, with your input, we will develop a strategic recovery plan focusing on getting you what you need to get your life back on track. Contact us today for a free consultation at (866) 778-5500.
From the moment you call Console & Associates, P.C., we will handle everything including investigating the accident, filing an insurance claim, negotiating with the insurance company and taking your case to trial, if necessary. We have spent decades learning the intricacies of personal injury law, so you don’t have to.