According to the National Floor Safety Institute (NFSI), “Falls account for over 8 million hospital emergency room visits.” Falls are one of the leading causes of unintentional injuries in the country. In many cases, falling causes severe injuries that may result in substantial medical bills and lost wages.
We Know What You’re Going Through
Suffering injuries after a slip and fall accident is a life-changing experience. What’s more, it can be incredibly overwhelming when medical bills start to pile up and you’re unable to work due to your injuries. When a fall occurs on another person’s property or at a place of business, the owner may be liable for damages under Louisiana premises liability law.
If you or a loved one fell on another person’s property and suffered injuries, contact our slip and fall injury lawyers for a free case review. Our slip and fall lawyers understand what you’re going through and are here to help. You may be entitled to compensation for your injuries, however, we must review your case to determine what legal options are available after your accident.
What Is Premises Liability?
Premises liability protects those who sustained injuries while visiting a property. Under premises liability law, injured victims have the opportunity to file a claim against negligent property owners in order to seek compensation for damages.
Property owners are required by law to ensure their property is safe. If there are any potentially hazardous conditions, they must warn visitors. Unfortunately, not all property owners maintain safe conditions. Owners who fail to comply with this law can be held legally responsible for any injuries that occur as a result of their negligence.
Slip and Fall FAQs
Slip and fall accidents can lead to serious and life-altering injuries. When these accidents happen because of a property owner’s negligence, you’ll likely have many questions and challenges that arise. Our team has broken down some of the most frequently asked questions surrounding slip and fall claims to help you better understand your options.
Yes. The majority of slip and fall claims are able to be settled through negotiations with the responsible party’s insurance company. However, this is not always the case. If a fair settlement cannot be reached in the negotiation stage, a lawsuit may need to be filed, in which case your claim may proceed to a courtroom trial.
While most slip and fall claims do settle out of court, having an attorney on your side who has trial experience can be to your benefit, as this can put pressure on the insurance company to make a fair offer and avoid going to court.
The amount of time it takes to settle slip and fall cases varies, depending on the specific and unique circumstances surrounding each individual case. After a slip and fall, it’s always important to keep in mind that no two cases are the same. While some cases may be resolved in a matter of a few weeks, others can take up to a year or even longer. In order to have the best estimation of how long it will take for your slip and fall case to settle, contact an experienced slip and fall attorney, so they can review all the facts of your case.
All property owners, from landlords to storefront owners, owe a duty of reasonable care to people entering their property. Businesses that have a lot of people come through their doors every day will usually have some level of premises liability risk, such as people slipping on a wet floor or customers tripping in the parking lot.
Premises liability insurance is intended to protect property owners in the event a visitor to their property gets hurt. Typically provided under the property owner’s commercial general liability policy, premises liability coverage can pay for claims of bodily injury, so long as the incident happened due to negligent maintenance or operations on behalf of the property owner.
There are many different scenarios that can possibly fall under the umbrella of premises liability. Essentially, premises liability can cover any case in which an unsafe condition on someone’s property caused a visitor to get hurt, such as a slip and fall or otherwise sustain injury.
If you have a premises liability case, you may be entitled to compensation for your medical bills, pain and suffering, and more. In these situations, it’s best to speak with an experienced slip and fall lawyer who can evaluate your case and determine what may be covered.
Not many. A lot of people worry about taking legal action after a slip and fall because they don’t want to appear in court and give a formal testimony about what happened but, in reality, it is rare for a slip and fall case to require a courtroom setting.
While every case is indeed different than the next, the majority of slip and fall cases are able to be resolved outside of court through negotiations between the lawyers. Only in the event that a reasonable settlement cannot be reached in the negotiation stage may a trial become necessary for a slip and fall case.
Generally, no. If you slip and fall at work and suffer injuries, you will typically file a workers’ compensation claim in order to recover any money you’re owed for your injuries and other losses. The Louisiana workers’ compensation system is a no-fault form of insurance intended to support workers who get hurt on the job, such as in a slip and fall accident. With this in mind, typically, you aren’t able to receive workers’ comp and sue your employer, although there are certain circumstances that may allow you to take legal action. If you’ve slipped, tripped, or fallen at work and gotten hurt, an attorney can review your case and help you determine the best course of action.
Slip and fall cases in the state of Louisiana are governed by the statute of limitations for all personal injury claims, which is one year from the date of the accident. In other words, you have one year from the date of your fall to file a lawsuit against the responsible party. Keep in mind that an insurance claim and a lawsuit are two different things.
While most slip and fall cases are able to be settled through the filing of an insurance claim, this isn’t always the case. In the event that a settlement cannot be reached and you need to file a lawsuit, it will be crucial to pursue your slip and fall claim as soon as possible after the accident happened. If you file after this deadline, you likely will not be able to recover any money for your injuries and other losses.
Unfortunately, it is impossible to give a number upfront for how much slip and fall cases pay. Every case is different, therefore, settlement amounts vary widely. In order to get the best understanding of what your case may be worth after a slip and fall accident, it’s important to have an experienced attorney review all the facts of your case and how your fall has impacted your day-to-day life. An attorney will be able to help you calculate a fair amount and ensure the property owner’s insurance company isn’t taking advantage of you.
Yes, sudden, traumatic impacts such as slipping and falling can cause a bulging disc. The discs between your vertebrae help to absorb shock on your spine when you move. However, discs can suffer wear and tear, and begin to bulge or swell. While bulging discs usually occur over time, it can also happen as a result of a sudden physical incident, such as falling on your back. Bulging discs can lead to serious pain, discomfort, and a host of other issues. If you’ve suffered a bulging disc as a result of a fall on someone else’s property, you could be entitled to compensation for your medical bills and the pain you’ve endured.
If you’ve slipped, tripped, or fallen while visiting another property and have more questions about what to do next, our legal team at The Law Offices of Blaine Barrilleaux is here to answer them. Contact us today to discuss your options and how we can help.
4 Steps to Take After a Fall
The moments after a slip and fall can be scary and overwhelming, especially if you’re uncertain about how you should handle the accident. For this reason, our team has outlined four steps to consider after experiencing a fall:
- If you are injured in a fall, you should report the accident to the owner, immediately.
- Seek medical treatment after you report the accident. Any delays in medical care could be used against you to deny or undervalue your injury claim. It is always best to see a doctor after a fall because you may have suffered serious injuries and it can take a few days or more for any pain to arise.
- Document everything pertaining to your accident. This can include contact information of any witnesses and pictures of where the accident took place.
- Contact an experienced slip and fall injury lawyer to guide you through the legal process. Seeking compensation without strong legal guidance can be challenging. Our team recommends that you call our law office as soon as you can after your accident, so we can review your case.
Implementing these steps can increase your chances of obtaining the compensation you deserve after suffering injuries due to a negligent property owner.
Types of Compensation Available for Damages
The treatment necessary after your fall will depend on the extent of your injury and/or injuries. Medical expenses related to your accident can become increasingly high. If you’re eligible to obtain compensation, those expenses may be covered.
The types of compensation available after a slip and fall accident include:
In some cases, medical treatment may last for an extended amount of time, leading to higher medical expenses. This can include surgeries, physical therapy, and/or prescription medications.
If your injuries prevent you from working entirely or you have to spend time away from work to attend appointments, you could be compensated for lost wages.
In addition to the financial costs associated with your injuries, you may be entitled to compensation for what you were forced to endure not only physically but mentally and emotionally, as well.
While compensation can’t repair the damage that’s been done, it can help cover any expenses related to the accident. In order to effectively determine the amount of compensation you deserve, our team of slip and fall lawyers will need to review the various circumstances pertaining to your case. Every slip and fall accident is different, so results will depend on the specific circumstances surrounding your case.
Statute of Limitations for Slip and Fall Accidents
The statute of limitations gives an injured victim a set amount of time to take legal action after their accident. Every state has different laws, so it’s important to know what the deadline is in Louisiana.
For slip and fall cases, an injured victim has one year starting from the date the accident occurred to file a lawsuit. Failing to file within this amount of time will likely result in little to no compensation.
Keep in mind that most slip and fall cases are able to be settled without having to go to court. However, if the parties aren’t able to reach an agreement and a trial becomes necessary, then you will need to ensure you file before the one-year deadline.
If you’re unsure whether you have a case, you should speak with an experienced slip and fall lawyer to avoid missing your opportunity of receiving any compensation you’re entitled to for damages.
Common Slip and Fall Injuries
While there are numerous types of injuries that can result from a fall, some occur more frequently than others. Many people associate falling with bumps and bruises that usually heal in a few weeks. However, this is not always the case. Some accident victims suffer severe injuries that require surgery and considerable time away from work.
Common injuries that result from a slip and fall accident include:
Head and brain injuries, such as concussions, can result in serious damage. This type of injury can affect the functionality of other parts of the body.
Fractures and broken bones can require extensive surgery and physical therapy.
These types of injuries can limit range of motion and result in chronic pain that impairs one’s ability to work and perform everyday activities.
Damage to the spine can result in partial or total paralysis and other nervous system injuries, which can leave permanent damage.
Slip and fall accidents can have a significant impact on a victim and their family. When a property owner is responsible for the conditions that resulted in the fall, they should be held liable for any damages, including financial losses, physical pain, and emotional suffering.
Common Places Slip and Fall Accidents Occur
Slip and fall accidents can occur anywhere for a variety of reasons. However, some locations are more prone to fall accidents. Here are the most common places that falls tend to occur:
- Grocery stores and other retail shops
- Work and construction sites
- Stairs, escalators, and elevators
- Swimming pools and gyms
- Resorts and amusement parks
7 Common Causes of Slip and Fall Accidents
While there are plenty of reasons slip and fall accidents may happen, below are the top seven:
- Uneven pavement or flooring
- Broken stairs and missing handrails
- Cracks and holes in pavement and sidewalks
- Slick and slippery floors
- Snow, ice, and rain
- Torn or loose carpet, tile, or another floor covering
Proving Liability in a Slip and Fall Claim
It can be difficult to prove that a property owner is liable for a fall without an experienced slip and fall attorney on your side. In most cases, you must prove the following elements to recover money for a slip and fall claim:
- A dangerous or hazardous condition existed on the property;
- The property owner knew or should have known, the condition existed;
- The owner failed to act to correct the condition or provide adequate warning to visitors;
- The condition caused the fall and,
- The fall resulted in injuries and damages.
Proving these elements of a premises liability claim can be complicated. For this reason, it’s in your best interest to consult a slip and fall injury lawyer who is experienced in this area of the law.
What Our Clients Are Saying
Mr. Blaine Barrilleaux and his staff made this process as painless as possible. This was my first time going through a lawsuit and he and his staff made me very comfortable and went above and beyond to make sure I understood the process and what to expect. I would recommend this law firm to anyone seeking help.
Lafayette, Louisiana USA
Anytime I needed anything Blaine’s team was there to help me. They were friendly and on top of everything I asked for. I really appreciate how hard and quickly they worked to resolve my case. I would highly recommend Blaine Barrilleaux Law for anyone needing legal help.
Lafayette, LA, USA
Jeff and Michelle
Blaine Barrilleaux and his staff went beyond what was ever expected. Blaine was very easy to talk to and he listened to all my needs and concerns. They truly care. Thanks Blaine for all you did for us.
Lafayette, Louisiana, USA
Blaine and his staff treated my family with the most respect. Blaine cares for his clients and goes above and beyond for them. Thank you Blaine for all your hard work and time in my case.
Morgan City, LA, USA
Injured After Falling on a Property? Contact Our Law Firm Today.
The Law Offices of Blaine Barrilleaux is a personal injury law firm in Louisiana with offices in both Lafayette and Metairie. We are passionate and dedicated to providing our community with strong legal representation.
If you or a loved one suffered injuries due to a fall on a property that wasn’t your fault, you may be eligible to obtain compensation for damages. We understand the stress and worry injured victims experience after a fall and will strive to fight for every penny you deserve.
Our law firm handles various types of personal injury cases including car accidents, truck accidents, workers’ compensation, and wrongful death. To schedule a consultation with one of our slip and fall injury lawyers, please give us a call at 337-989-1212, or fill out our free consultation form below. We look forward to discussing your legal options. Don’t wait, time is crucial after an accident.