Most people who fall because of a property owner’s negligence can file a slip and fall claim. Sorting out whether the property owner caused your fall can be tricky, though. While you can file a claim on your own, a personal injury lawyer from our team may be able to help you navigate the process.
According to the Centers for Disease Control and Prevention (CDC), one out of five falls leads to a major injury. If you sustain serious injuries after falling, your medical bills can quickly add up. If your injuries keep you from working, you may fall behind on your regular bills as well. After a slip and fall accident, you may be entitled to seek financial compensation for your medical bills, property damage, and more.
Negligence and Liability in a Slip and Fall Case
You can only file a slip and fall claim if your accident was caused by the property owner where you fell. To make a valid claim, you must demonstrate that the owner was negligent and therefore liable for your fall.
Negligence means that the property owner failed to act with the same level of care as most people would in the same situation. In a slip and fall case, negligence can mean one of three things:
- The property owner caused the falling hazard.
- The property owner knew about the falling hazard but failed to fix it.
- The property owner should have known about the falling hazard but did not take action.
For example, if many other people have tripped in the spot where you fell, the property owner must have known (or should have known) that it was a hazard. A personal injury lawyer from our firm can help prove negligence after a slip and fall.
Comparative Negligence in a Slip and Fall Case
You can file a slip and fall claim even if you were partially at fault for your accident. Nevada has a comparative negligence law, NRS §41.141. As long as you were not more than 50% responsible for your slip and fall accident, you can still recover damages.
You may be partially at fault for the accident if your actions contributed to your fall in some way, though. For example, if you were running instead of walking or texting while walking when you fell, you may be partially at fault. However, if the property owner was negligent, they may be partially at fault, too.
Property owners and their insurance providers might use this policy to get out of paying you any damages. If they can demonstrate that you were more than 50% responsible for falling, they may not have to pay anything at all. A personal injury lawyer from our team can advocate for you during the insurance claim process and fight for your right to recover damages.
Estimating the Value of Your Claim
Determining the value of your claim is a critical step in seeking financial compensation. You may be entitled to compensation for expenses such as:
- Property damage: For repair or replacement of items damaged in your fall
- Loss of earning capacity: If you are out of work while you recovered
- Medical bills: Such as doctor’s appointments, surgeries, emergency care, diagnostic testing, medications, and physical therapy
- Future loss of earning capacity: If you are unable to return to work after the accident
- Past and future pain and suffering: If you face a long and difficult recovery or have a reduced quality of life because of your injuries
A personal injury lawyer from our team can gather evidence to substantiate the value of your claim. We will gather evidence such as:
- Medical records, bills, and receipts
- Pictures of your injuries
- Past wage statements
- Interviews with you, your friends, and your family
Our Attorneys Can Help You Submit Your Claim on Time
We can assist you in filing an insurance claim. Here are some of the ways we can help:
- Communicating with the insurance companies
- Submitting paperwork and documents
- Filing a claim
- Negotiating a settlement
If negotiations fail to produce a reasonable settlement, we can file a lawsuit on your behalf and represent you in court.
Time Limits in a Slip and Fall Case
You only have a limited amount of time to pursue damages from a slip and fall accident. According to NRS §11.190(4)(e), you have two years to file a lawsuit for personal injury. If you wait too long to act, you could lose the right to seek damages even if your case is valid.
Contact Our Attorneys Today for Assistance
Bernstein & Poisson can assist you in filing a claim if you were hurt in a slip and fall accident. Jack Bernstein and Scott Poisson have over 60 years of combined experience. We have obtained hundreds of millions of dollars for our clients, and we can put our experience to work for your case.
Call our office today for a free case evaluation.