OUCH!
When we heard our client’s story—an 80-year-old woman’s haircut ended with a broken wrist—we had to step in. Her slip and fall injury came from out of nowhere, and in moments her dominant hand was out of use. Left with expensive medical bills and lost function, our client deserved to be made whole by the parties at fault for the dangerous conditions that caused her injury.
If you’ve been injured, call Issa & Castro, Atlanta slip and fall attorneys, to find out how we can help you recover the expenses you’ve faced as the result of your injuries.
The thing is, I’m not sure how this happened. What might have caused my slip and fall?
We’ve seen injuries caused by a variety of factors. You know we’re always joking about how often we say “it depends,” and slip and fall injuries are no different. Most injuries are caused by just a handful of circumstances:
- Hazardous walking surfaces. Think—wet or uneven surfaces. We might be talking cracked sidewalks, newly waxed floors, potholes (hey, we know all about those in Atlanta), torn carpet, uneven stairs, cluttered floors, or even bad lighting as a cause for a slip and fall injury.
- Occupational hazards. Portable ladders, cabling across a floor, or spills are just a few things that might create unsafe conditions that lead to a slip and fall injury.
- Nursing homes. Here it could be a case of the patient’s age and condition. But if there aren’t enough railings or walking supports, we’ve seen patients endure slip and fall injuries.
So how do you know what caused the injury? It doesn’t sound like this is an easy thing to prove. Is it?
Honestly, proving negligence isn’t easy. That’s why it’s critical that you contact an Atlanta slip and fall attorney as soon as possible after your injury. The burden of proof lies with the plaintiff and their attorney, which means we need to start an investigation right away. Just like in other types of personal injury cases, evidence is best captured at the scene or soon after the injury.
We are responsible for proving several things in your slip and fall case:
- The property owner owed you a duty of care—basically that they avoided doing something that would cause harm to others.
- The property owner breached their duty of care.
- The breach caused your slip and fall and your injuries.
- You have damages resulting from the incident.
Even if you’re certain the property owner is at fault, we’ll have to prove it with evidence. Atlanta slip and fall lawyers Issa & Castro can advise you and help you gather the evidence you need to prove your claim
Huh. How do we prove negligence?
Typically, if you’re going to have people over, you clean up and make sure it’s reasonably safe for others, right? It’s reasonable to expect that a property owner would do the same. They do have a duty to maintain their premises to a reasonable standard and correct any dangers in an appropriate timeframe. Now, here’s where things get sticky.
Property owners and their insurers attempt to assign some or all of the fault to you when it comes to slip and fall accidents. Proving a property owner’s negligence conclusively means we must somehow:
- Show that the property owner should have known of the dangerous or hazardous condition
- Demonstrate the owner or employee knew of the condition but didn’t actually fix it
- Uncover that the owner caused the dangerous condition
The reason we strongly encourage you to contact a slip and fall lawyer in Atlanta so soon after an injury is because timing can be a major factor in your case. Let’s say a dangerous condition existed for a while but the property owner didn’t do anything to remedy it or warn of the dangerous condition, you may have a claim.
When clients hire us, we start an investigation right away. We want to know:
- Did this danger exist long enough that a reasonable owner or employee could have taken action to eliminate the hazard?
- Did the property owner or employee have in place the appropriate policies and records for ensuring safe conditions?
- Could the hazardous condition have been prevented through warning signs or restricted access?
- What factor did lighting and visibility play in causing the slip and fall?
Answering these questions help us understand if the property owner or their employee did what they should have done under the circumstances leading up to your slip and fall injury.
And during our investigation we’re going to look at this from the insurance company’s point of view, too. We do this because we know they’re going to try to assign some or all of the fault to you, so we want to get ahead of their game. Here’s what we’re looking at:
- Were you engaged in any activity that may have kept you from noticing the hazard—like talking or texting on your phone—when an otherwise reasonable person would have noticed it?
- Were you legally on the property? Did you have a good reason for being there?
- Did you ignore warning signs or any safety measures?
If the defense can show that you likely caused the accident because of your carelessness rather than their client’s negligence, it’s unlikely we’ll win the claim.
Yikes. Is it even worth getting a lawyer?
Well, you could file a personal injury claim on your own, negotiate a settlement, and even represent yourself in court. But you can expect the folks you go up against to be lawyered up, and they’ll fight to win. You don’t have to go it alone.
Because fault is not always obvious, the property owner is going to fight your case and try to turn things around on you. It’s common for them to say that you were careless or clumsy and that’s what led to your fall.
Whether you were in a shopping mall, restaurant, parking garage, apartment building, hotel, casino, pool deck, government building, sidewalk, elevator, gas station, nursing home, theater, amusement park, sporting event, or concert, you may have sustained serious injuries. If the property owner or their agent is at fault, you could hold them accountable for your losses, like medical bills, lost wages, and pain and suffering.
Like we said earlier, you’ll have to prove that they were negligent. You’ll need to conduct an investigation, hire experts, keep great documentation, and understand how the law applies to your case. Without hearing your story, we won’t know whether you have a case or what it might be worth.
If you’re looking for the best slip and fall attorney in Atlanta, call Issa & Castro for your complimentary case evaluation to find out how we can help you recover damages for your injury.
What kind of damages are we talking here? How do you know what my case is worth?
We’ll take a look at your circumstances, including the extent of your injuries, to determine the value of your claim. The insurance company is going to look at their table of averages to come up with their offer.
They’ll value their offer based upon what the mean case is worth if, for example, an arm is broken. We’ll look at your medical bills and lost income. We’ll partner with your medical providers to determine if you need extensive treatment or will face long-lasting consequences. We may conclude that pain and suffering, loss of life enjoyment, and disability should be a part of our demand to the insurance company.
OK, how do I hire the best slip and fall attorney in Atlanta?
How long does it take to settle a slip and fall case?
Some of our cases resolve in months, others take years. There are so many factors in these cases that it’s impossible to say how things will play out. In cases where injuries are more severe, we see a prolonged timeline because we’re waiting for you to complete your treatment.
We understand that it’s stressful to walk through a prolonged period where the outcome of your claim is unknown and unknowable. It’s our job to help you focus on your recovery while we handle the difficult conversations and negotiations that are going to happen with the insurance company.
We’ll walk with you through all the ups and downs that come with healing. We’ll shoulder the stress of dealing with the law and insurance companies that place profits ahead of people. And we’ll aggressively represent your interests so that you have the best shot at justice.
Personal injury cases are one and done. Once they’re resolved, there is no going back. So let’s take the time we need to make sure the outcome we walk away with is what’s truly best for you.
Wait. What? The insurance company representative called to see how I was doing. They were so nice to me. Did I get bamboozled?
So remember that the property owner’s insurance company is a for-profit corporation that makes money by collecting premiums and paying as little as possible on claims. When they call to ask how you’re doing, they will use “I’m fine” or “I feel great” against you – to reduce the value of your claim. It’s not your fault; they’re trained to ask questions in a certain way to get the responses they want. Don’t worry – so are we. And we’ll put that skill to use in your favor. That’s why it’s so important to hire a slip and fall lawyer ASAP.
The insurance company made a pretty good offer. Should I accept it?
It’s likely that the insurance company is going to make an offer that looks good to you. One of our clients was offered $10,000, and that money would have been life-changing for her—if she didn’t have medical treatment to pay for. But that money didn’t even cover her medical bills! So while the dollar amount may look attractive at first glance, a closer look will tell us if we’re looking at a good deal.
We’re looking at today’s bills AND tomorrow’s needs. The first settlement amount – as you read above – didn’t even cover what our client was going through today. There’s no way it would have covered and future needs, too.
So we wait. We wait until your treatment has progressed to the point where we can understand what your future needs might be. And we help you negotiate the settlement that you deserve. If the insurance company won’t do the right thing, we’ll fight them in court to see that justice is served.
Let’s talk money. What kind of compensation are we talking about?
Economic damages include the dollars and cents of the losses resulting from your injury, including:
- Medical expenses – past, current, and future, like doctor visits, therapy, hospital stays, diagnostic testing, medication, and procedures or surgeries
- Lost wages and/or lost earning capacity – if you can’t work at all or if your work capability is severely reduced, your income will be negatively affected, and you may be able to recover this money
- Rehabilitative therapy, like physical therapy or occupational therapy
- At-home care
- Personal property damages
- Other out-of-pocket expenses
Non-economic damages are harder to quantify. They include:
- Pain and suffering
- Mental anguish
- Loss of companionship
- Loss of consortium
- Loss of a limb
- Scarring or disfigurement
- Loss of reputation
- Loss of enjoyment of life
And of course, there are punitive damages that are intended to punish the defendant for their egregious actions and deter them from doing these things in the future.
Help me understand the concept of damages for pain and suffering.
Worrying about your health is stressful. Grieving the loss of enjoyment of life takes a toll. Fear for your future can be life altering, making anxiety or panic everyday experiences. Pain and suffering is a legal term that describes the emotional and physical stress that come with an injury. Some of the damages that often come under pain and suffering are anxiety, depression, limitations on your activities, or even the possible shortening of life.
Proving pain and suffering requires extensive evidence. We get it – you’re hurting because your career, relationships, and life have been impacted by your injuries. But saying that once isn’t sufficient in a legal matter. Emotional distress and pain and suffering are incredibly subjective, which means we’ve got a few things to do here:
- We’re going to want to show pictures, videos, and journals that can attest to your wellbeing after your injury.
- We’ll ask your friends and family for their statements about how your quality of life has been negatively impacted.
- We’ll be required to produce medical documentation that indicates your injuries caused intense pain, anxiety, and depression.
If you’re hurting and your emotional pain is starting to become unbearable, please pay attention. While it’s expected for you to feel anger, anxiety, or grief after an injury, please do not suffer in silence. When your emotional pain begins to diminish your quality of life, affects your ability to think clearly, or starts to lead to psychological trauma, discuss your treatment options with your medical providers and let your attorney know what you’re going through. Your mental health is a part of your overall wellbeing, and we want you to get the care that you need. And in many cases, your psychological injuries may outweigh the physical ones and should be factored in to your case resolution.
Don’t let disruption become permanent
When people search for “Slip and fall attorney Atlanta” they’re looking for help. They’re usually in a state of disruption, where “normal” is long gone and they’re trying to figure out how to get their health and their finances back in order. Waiting for things to “play out” or “settle down” will only weaken your case. This isn’t the time to tough it out or go it alone.
Once again, please pay close attention to your mental health. Falls are the most common cause of brain injury. Those often show up after a little time has passed, and they can show up as headaches, mood swings, nausea, headaches, irritability, balance problems, confusion, sensitivity to noise and light, sleep disruptions, and more. You don’t have to live this way.
If your life has been disrupted by an injury, reach out to us. We’ll do everything in our power to help alleviate your stress so you can concentrate on what matters most: recovering your health.
