Slips and falls are among the most common source of injuries that can occur while visiting another’s land. These incidents can result in not just severe physical injuries, but might also leave you out of commission and unable to earn a living. As a result, a fall can impact every part of your life.
Unfortunately, collecting the compensation that you deserve following a slip and fall can often be difficult. The burden lies on you to prove the extent of your losses and show that a landowner was negligent in allowing the incident to occur. A Bartlett slip and fall lawyer can help you prove these concepts and demand proper compensation through insurance settlements or lawsuits. Your odds of success increase when you work with a board-certified personal injury attorney like David E. Gordon.
Every demand for compensation following an injury that occurs on another’s property fits under the umbrella of the state’s premises liability laws. Naturally, this includes slips and falls. According to state law, there are two main things that a person must prove in order to hold a landowner liable for these incidents.
The first is that the owner was negligent in allowing the incident to occur. This means showing that the owner knew about the hazard or caused the hazard themselves. As it applies to slip and fall cases, an injured person must prove that the owner caused the dangerous condition, such as by spilling a liquid on the floor. Alternatively, they can prove that the owner knew about the hazard and did nothing to fix the problem or warn guests about the danger.
Second, a person must be able to connect their losses to the incident. This can involve collecting medical records that indicate that a person’s physical injuries were the result of the fall and proof that they missed out on wages while recovering. A Bartlett slip and fall attorney could provide more information about this process and what a person must prove to prevail in their case.
Every responsible property owner will have an insurance policy that protects them against accidental injuries. This means that most demands for compensation will be made to an insurance company. These companies are well-versed in the law and will make every attempt to limit their financial losses.
This is why a Bartlett slip and fall lawyer is prepared to help from day one. David works to gather the evidence necessary to prove that a property owner was responsible for the fall. This evidence can include security camera footage, witness statements, and maintenance logs. Using this evidence, a lawyer forms a comprehensive demand package that outline a person’s demand for compensation.
Most slip and falls end with a fair settlement that occurs out of court. However, some situations make it necessary to demand compensation through a formal lawsuit. An attorney can take the lead in submitting these cases to the relevant courthouses.
Even with most cases ending in a settlement, it is vital to understand the time limits that apply to these demands. According to Tennessee Code Annotated § 28-3-104, most people will have as short a time as one year after an injury to resolve the case by settlement or file a lawsuit. It is best to contact an attorney immediately.
Slip and falls accidents can result in harsh injuries, which can impact not just your physical health but also your ability to earn a living. In some situations, a landowner may be responsible for allowing conditions to exist that resulted in your fall. When this applies, those landowners are liable for providing compensation for your losses. A Bartlett slip and fall lawyer wants to help you collect these payments. Contact the Law Office of David E. Gordon now to get started.