Slip and Fall Attorneys Dedicated to Helping Accident Victims Since 1991
Panter, Panter & Sampedro
Filling a claim for a slip and fall case first begins with an evaluation. Determining what your damages are is necessary to conclude what compensation to ask for. Types of slip and fall injuries could include:
- Concussion
- Broken bones
- Soft tissue damage
- Nerve damage
- Ligament or tendon injuries
- Cuts and bruises
- Paralysis
- Mental health injuries
A slip and fall attorney can draft paperwork to file in court on your behalf. How this paperwork is filed could make the difference for what you can claim in compensation. Once you file the claim, you must wait for the other side to respond for any further court proceedings.
While you wait, this is the chance to build evidence for your case. Formal evidence could include depositions, interrogatories or subpoenas. A legal strategy will go into filling and responding to any court motions.
Most slip and fall cases resolve by settlement, but we will take you all the way to court if need be. But a strong case for you anticipates a fair payment without needing to go to trial. Once your case is resolved, the premises liability attorneys at Panter, Panter & Sampedro will collect judgement on your behalf. Our goal is always to make the case process as smooth as possible and give you the tools to make the best decisions.
Experienced Slip and Fall Injury Lawyers with Proven Results in Tough Premises Liability Cases
Premises Liability Law
Slip and fall accidents and injuries fall under the legal category of premise liability. This is because slip and fall incidents generally occur on someone else’s property. Many of these events occur in a business setting because the owner did not properly maintain the area. Some examples include:
- Damaged driveways, paths or walkways leading to the business. Including sidewalks that have shifted and potholes in any of these areas.
- Unmarked danger zones, such as a failure to post wet floor signs, notifying the public of uneven flooring or payment and potholes.
- Improperly maintained stairways, including missing or broken handrails. A failure to install slip-resistant coverings on stairs would also qualify.
- Missing or inadequate lighting in walking areas and stairwells.
- Failure to keep walkways free of clutter or debris that make maneuvering difficult.
Examples of Slip and Fall Cases
There are some unique defenses that defendants may try to utilize in order to pardon themselves from liability in a slip and fall cases. It can be tricky to prove slip and fall claims. For example, a failure to provide the dimensions of a slippery floor or the length of time in which the condition had existed prior to the plaintiff’s fall could result in a judge dismissing the claim.
Damages that you might not expect in a slip and fall claim could include becoming depressed following the incident or head trauma that led to a change in personality. Each of these examples can occur in slip and fall accidents and be eligible for compensation if the property owner is shown to be negligent.
How do Slip and Fall Cases Work?
Every state has what is called a “Statute of Limitations” which places a time limit on how long after a person has to file a claim. If a victim does not file a claim within this time frame, he or she may be waiving the right to have a court hear the case and recover compensation.
Comparative negligence is a legal term that is often used in personal injury cases concerning slip and fall accidents. This is to determine the percentage of fault that rests on the plaintiff and the percentage that rests with the defendant. This means the amount of damages a plaintiff is awarded will be reduced by their percentage of fault for the accident. If the court determines the plaintiff was at least 50% responsible for their accident, they are not eligible to receive any compensation.
Establishing Liability With Evidence in a Slip & Fall
The evidence in a slip and fall case varies depending on the type of accident that occured. Some important pieces of evidence that you should always try to collect include:
- The clothing and shoes you were wearing at the time of the incident
- Photographs of your injuries and of the object or dangerous condition that caused the accident
- Any surveillance footage
- Medical records
- Witness statements
- Accident report
Liability in a slip and fall case typically rests on the owner of the property on which the accident occured, either a private, commercial or government entity. However, you must be able to prove that the property owner was negligent and the accident could have been avoided.
Slip and fall cases are resolved based on a number of factors that are unique to each case. The experienced slip and fall attorneys at the law firm of Panter, Panter and Sampedro understand the complexity of determining fault and collecting evidence in these scenarios. Call today for a free consultation to discover how we can help.
The slip and fall attorneys at the law firm of Panter, Panter & Sampedro understand the complexity of determining fault and collecting evidence in these scenarios. We can help you understand your options and seek compensation to cover medical expenses, lost wages, pain and suffering, and other damages. Call us now at 305-662-6178 for a FREE CONSULTATION.
