Falls are one of the top leading causes of unintentional injuries, according to Hopkins Medicine. In many cases, falls can cause fatal injuries and lead to high medical bills, lost wages, and pain and suffering. When a fall occurs, you may be entitled to compensation to help cover the expenses related to your accident.
At The Law Offices of Blaine Barrilleaux, our slip and fall lawyers are dedicated to helping those injured after a fall. We understand how frightening and overwhelming it can be to suffer injuries after a fall that was not your fault. What’s more, it can be stressful when you’re uncertain as to whether or not you have to go court to seek the justice you deserve.
Facts About Slip and Fall Accidents
Slip and fall accidents can result in serious and/or life-changing injuries. Most individuals are unaware of how frequently these types of accidents occur. According to the Centers for Disease Control and Prevention (CDC):
- Each year, 3 million older people are treated in emergency departments for fall injuries.
- Over 800,000 patients a year are hospitalized because of a fall injury, most often because of a head injury or hip fracture.
- Falls are the most common cause of traumatic brain injuries (TBI).
Types of Compensation Available
When you suffer injuries after a fall, the type of treatment necessary for you to recover will depend on the severity of your injuries. Compensation may help cover:
- Medical expenses
- Pain and suffering
- Loss of future earnings
- Lost wages
- Household expenses
In order to determine the amount of compensation you may be entitled to receive, our team of slip and fall lawyers will need to review the details of your case.
Proving Liability After a Fall
Property owners have a legal responsibility to ensure their visitors are safe while on their premises. However, owners don’t always abide by these laws which can lead to accidents.
There are various challenges that a victim can face when trying to prove that a property owner’s negligence caused their injuries. For this reason, it’s in your best interest to have a premises liability lawyer who is knowledgeable with this form of law. In order to successfully prove a slip and fall claim, you must prove the following elements:
- A dangerous or hazardous condition existed on the property
- The property owner was aware or should have known of the condition
- The owner failed to correct the condition or provide a warning to visitors
- The dangerous or hazardous condition caused the fall
- The fall resulted in injuries and damages
Stages of a Slip and Fall Claim
There are different stages that a slip and fall claim goes through, which include the following:
During the investigation stage, your attorney will collect evidence that will determine the reason why the fall occurred. This can include medical records, witness statements, and photographs. Evidence is a crucial component to help build a strong case and may increase your chances of obtaining the compensation you’re rightfully owed.
Demand Letter Stage
After all the information is gathered, your attorney will send a letter to the insurance company or appropriate party that outlines the details of your accident. It will also contain the compensation amount your attorney believes you deserve, based on the details of your case.
The negotiation stage is when both parties discuss their offers in an attempt to agree on a settlement amount. This is when either party can accept or decline an offer. Typically, most fall cases are settled in this stage.
Will My Case Go to Trial?
Most slip and fall lawsuits are settled and very few go to trial. In some cases, an agreement cannot be reached, which may lead to a case going to court. If both parties are unable to agree, it’s imperative to have an experienced premises liability lawyer to fight for you in court. Keep in mind that this type of case is complicated and involves intricate details.
Injured in an Accident? Here’s What to Do Next.
At The Law Offices of Blaine Barrilleaux, we understand the physical, emotional, and mental impact such an accident can have on an individual and their family. For this reason, we’re passionate about serving our community with legal representation when they have suffered injuries at no fault of their own.
Our slip and fall lawyers are ready to review your claim and inform you of your legal options. You don’t have to navigate the legal system alone. Call our office today at (337) 221-4910 or fill out our free consultation form. We have offices in Lafayette, Metairie, and New Orleans, Louisiana.