Slips and falls can happen anywhere. From restaurants to stores to office buildings or sidewalks, there are hidden hazards everywhere. One mistake from a property owner can cause a life-altering injury. A wet floor or loose tile, or even a dark hallway can put someone in the hospital in a matter of seconds. While these injuries may be minor to start with, they can lead to chronic pain, and thousands of dollars of hospital bills.
When you do fall while slipping due to unsafe property, you do have some legal recourse. Call an experienced personal injury lawyer in Kansas City. They know how to sue the owners of the property and negotiate for you so that you get the compensation that you are entitled to.
What is a Slip and Fall Case?
Not every fall is going to result in a lawsuit. The law only concerns itself with whether or not the property owner was careless. If the danger needed to be fixed and did exist, then the property owner can be held responsible. Some of the most common ones are:
- Slippery surfaces without warning.
- Cracked sidewalks or uneven stairs.
- Dated lighting in stairwells or parking lots.
- Slanted floors or loose carpeting.
- Leaks that form puddles.
If the visitor was careless or ignored an evident warning, the case will be weaker. Every case is different, however. A lawyer may read over and give wise counsel.
Falls Injuries
Slips and falls are more hazardous than the typical person acknowledges. Injuries that are incurred can be as mundane as small sprains or as debilitating as those that change a human life. Some of the common injuries are:
- Broke wrists, hips, or legs.
- Spinal injury and back injuries.
- Concussions and traumatic brain injuries.
- Bruising, cuts, and damage to soft tissue.
- Shoulder and knee injuries.
You might also have hidden injuries with a fall. Back and head injuries are not always going to reveal themselves. Which is why it is so vital to see the doctor after a fall. The doctor will be able to document your condition, and then medical records can be utilized as evidence in the future.
What to Do Following a Slip and Fall
What you do right after the fall can actually affect your case. Acting immediately protects your health as well as your claim. The following actions are important:
- Seek immediate medical care. There are some injuries that are not visible but are extremely serious.
- Report the fall to the property owner, manager, or employees immediately.
- Photograph. Take a photo of the actual spot where you fell, and any danger like water, cracks, or darkness.
- Get witnesses. Get the name and phone number of anyone who saw what happened.
- Document. Keep medical bills, doctor’s reports, accident reports, and anything to substantiate lost pay.
These actions leave behind evidence that can help your case. When it is possible, refrain from providing statements to insurance adjusters prior to meeting with a lawyer.
Your Rights Under Kansas City Law
In Missouri, property owners owe the responsibility to ensure their property is safe. This includes fixing hazardous conditions or providing adequate warnings. If they do not do this, they become liable legally.
Injuries in slip and fall accidents can be compensated for by the victims in the following:
- Medical and hospitalization expenses.
- Physical or normal treatment.
- Lost wages or loss of earning capacity.
- Pain and suffering for injuries incurred.
- Permanent or extended disability.
Missouri law also places a time limit on filing claims. In the majority of personal injury claims, you only have five years from the time that the accident happened to bring a suit. If you don’t, you can be barred from getting any money. A slip and fall lawyer can assist you in having your case filed on time and help in the legal process.
Why You Need a Slip and Fall Lawyer
Slip and fall accidents are complex. Insurance companies will fight or lowball claims. They will fight the premise that the victim was careless or that the hazard was open and obvious. An experienced attorney can counter these arguments and stand up for your rights.
A Kansas City slip and fall attorney can:
- Investigate the site of the accident.
- Photograph, videotape, and take witness statements.
- Work with physicians to document the impact of your injuries.
- Add up all your losses.
- Negotiate with the insurance firms for a fair settlement.
- In case of necessity, proceed to trial.
Having an attorney sends the insurance company a message that you won’t settle. It also gets for you the help which you require whilst you concentrate on recovering.
How an Attorney Proves Your Case
Your attorney will have to prove four fundamental aspects in order to win a slip and fall lawsuit:
- The owner of the property had a duty of care to make the property safe.
- The owner of the property violated that duty.
- The violation caused the fall.
- The fall caused actual injury and damage.
Such facts would normally be proved by enough evidence. Photographic evidence, witnesses’ testimonies, medical records, and expert testimony may all be employed in establishing a valid claim.
The Role of Insurance in Slip and Fall Claims
Most slip and fall cases are resolved through insurance. Property owners usually carry accident liability insurance. Insurance companies, however, would like to pay out as little as they can. They will stall, deny, or lowball. A lawyer can negotiate on your behalf and counteract unscrupulous tactics. In some, you will have multiple parties. For example, a tenant and a landlord can both be at fault. An attorney would sort out these facts and figure out all the people responsible for damage.
FAQs About Kansas City Slip and Fall Attorneys
1. What Do I Need to Consider to Determine if I have a Valid Slip and Fall Case?
If there is a clear hazard and the landowner has either not remedied it or somehow put you on notice of it, then you have a case. An attorney will hear from you (in the attorney-client relationship, an attorney listens to your story) about your case and inform you as to your rights.
2. How Does a Slip and Fall Attorney Get Paid for the Case?
Most slip and fall attorneys operate under the agreement of a contingency fee. You will not pay the attorney any money up front. They will not get paid unless you win or are successful in the case.
3. How Long will it take to resolve my case?
That is almost entirely dependent on the details of your case. Some cases may have settlement opportunities that could be resolved in a few months. Other cases will take a year or possibly longer if your case goes to trial.
4. What if I had some part in the cause of my fall?
Missouri is a comparative fault state. So in Missouri, it is possible for a person to still recover damages for a personal injury even if that person had some of the fault in causing the injury, although that person would have their damages possibly reduced.
5. What Should I Bring with Me to My First Appointment with the Attorney?
You should bring medical records/medical bills, photographs, incident reports and witness contact information. This way, the attorney will be able to quickly review the facts of your case with you and put together a plan.
Final Thoughts
Slip and fall injuries hurt more than they hurt you. They hurt your wallet, as well. They can cause stress, lost income, and long-term medical problems. If negligent conditions caused you to slip and fall, you shouldn’t have to pay for it yourself. A Kansas City slip and fall attorney can guide you through it. They can fight for your rights, negotiate with insurance companies, and fight on your behalf to take home the recovery you deserve. By getting treatment right away, you are giving yourself the best chance to recover. With a capable lawyer, you can recover while they seek justice.