It was just a little accident. You tripped over a step, or a box, got your foot caught in rough carpeting, or slipped on a wet or oily floor. The other party may have even offered to help with your medical bills, or some other kind of help. Is it necessary find a personal injury lawyer?
Slip And Fall Basics
If you’ve ever tripped in public, you were probably more embarrassed than anything. But every year, millions of people go to emergency rooms for slip and fall accidents and the resulting injuries. Many are the result of negligence on the part of a property owner or landlord who didn’t clean up, repair or warn visitors of a potential hazard.
Slip and falls come under the area of law called “premises liability,” which also covers things like dog bites, insufficient lighting or security, and other unsafe property conditions.
Property owners, managers and landlords are required to ensure that their place of business, or even residences (i.e., apartment buildings) are safe for visitors, employees, renters and anyone else who enters.
They have a “duty of care” to take care of the danger that could hurt someone. If the owner or manager knew, or should have known that the hazard existed but did nothing to correct it, they can be held liable.
Why You Need A Lawyer
Maybe the injury wasn’t serious enough to warrant a hospital visit, until the next day when you woke up in pain and couldn’t move. You may have been offered a small amount of compensation by their insurance company, or even by the owner. What do you do now?
One possibility is that the other party will raise the issue of comparative negligence and fight to prevent you from getting compensation. Many of these kinds of suits are rebutted by the claim that your injuries were, in fact, your own fault, and no fault of the business. Some of the defense may include claims that:
- You failed to pay attention to your surroundings and watch where you were going
- You were in an area where you should not have been, such as one marked “employees only”
- You failed to notice the required hazard markings (cones, signs) when it should have been obvious
- Your footwear was inappropriate for the terrain, and your accident wouldn’t have happened if you’d been wearing appropriate footwear.
A Kansas City personal injury lawyer will work to defend you against these claims, offer evidence to the contrary and show that you weren’t at fault. He or she can also negotiate with the other party’s insurance company, who will very likely attempt to resolve your case with a small, insignificant payout that probably won’t cover your needs.
Your attorney can also help you medical records, negotiate settlements, and make sure your interests are protected. He or she can also help you recover lost wages, medical expenses and other accident-related damages.
Five-Year Statute Of Limitations
If you decide to file a claim, or your lawyer recommends it, you’ll have five years from the date of your accident to file. After that date passes, any claim you file will be dismissed. That’s why it’s important to talk with a personal injury attorney as soon as you’ve recovered enough.
Kansas City’s Premier Accident Law Firm
A slip and fall accident can be embarrassing, painful and expensive. If you’ve been hurt in a slip and fall and need legal assistance, contact the experienced Kansas City personal injury lawyers at The Popham Law Firm. Call us at (816) 221-2288 today or use our contact form. We’ll schedule an appointment and talk with you about how we can help.
