Your conduct can prevent your slip and fall case, but it may not. Some people do not seek financial compensation (known as damages) after a slip and fall accident because they fear that their behavior during the accident will prevent their case. Even if you were partially responsible for your accident, however, you could still seek compensation.
We can evaluate the specific details of your situation to determine whether you have a valid case. If your injuries led to expensive medical bills or unpaid time off work while you recover, you may be entitled to seek damages from the property owner.
Demonstrating Negligence and Liability in a Slip and Fall Accident
One critical aspect of a slip and fall case is determining which party was negligent and therefore liable for your injuries. Negligence is a failure to behave with the same level of care as a reasonable person would in the same situation. A person who acts negligently can be held legally responsible for the accident.
There are three ways that a property owner can be negligent and held liable for a slip and fall accident:
- They caused the falling hazard.
- They knew about the hazard but did nothing about it.
- They should have known about the hazard but did not.
In some situations, your negligence may have caused the accident. For example, if you fall while running in a shopping center or because you are texting and walking and fail to notice a slick patch, you may be at least partially responsible for the slip and fall accident.
Your conduct after the slip and fall accident can also prevent your case. If you admit fault to the property owner or the insurance provider, you may not be able to seek damages successfully. Never admit fault after the accident.
How Comparative Negligence Works in a Slip and Fall Accident
Even if you do contribute to the accident, you may still be able to seek damages. A personal injury lawyer from our team can evaluate your case if you have questions about whether to pursue financial compensation.
Nevada’s comparative negligence law allows people to seek damages even if they contribute to an accident. NRS §41.141 states that individuals who are hurt in an accident can recover damages if they are not more than 50% responsible for the accident.
After your slip and fall accident, the owner of the property and their insurance company may try to avoid paying your damages by claiming that you were more than 50% responsible for your accident. We can fight back against these claims so that you can seek financial compensation.
We Can Help You Build a Strong Claim After a Slip and Fall Accident
We can help you estimate the value of your damages after a slip and fall accident. You could seek compensation for losses such as:
- Property damage: If expensive personal items were broken during your fall
- Medical costs: Such as emergency room visits, doctor’s appointments, diagnostic imaging, surgeries, medications, and rehabilitative therapies
- Loss of earning capacity: In the event that your injuries keep you from working
- Future loss of earning capacity: If you cannot return to your normal work duties in the future because of your injuries
- Past and future pain and suffering: If you become clinically depressed, develop anxiety or insomnia, or lose your enjoyment of life after the accident
We can use evidence to support the value of your damages. We will gather evidence such as:
- Medical bills and receipts
- Receipts for repair or replacement of your personal property
- Past wage statements
We will handle all communication with the insurance company, including filing a claim and negotiating a settlement. If negotiations fail, we can prepare your case for a lawsuit and take your case to court.
The Statute of Limitations for a Slip and Fall Accident
The state of Nevada limits how much time you have to pursue a lawsuit after a slip and fall injury. NRS §11.190(4)(e) sets the statute of limitations for personal injury or wrongful death at two years. That means you have two years from the date of the accident to pursue damages.
If you wait longer than two years, you may forfeit your ability to seek financial compensation from the at-fault property owner, even if you have a valid case. Act quickly after your slip and fall accident to avoid losing your chance.
Call Our Attorneys Today for a Free Consultation
At Bernstein & Poisson, we have over 60 years of combined experience representing clients who have suffered from personal injuries. If you were hurt in a slip and fall accident, call today for a free consultation.