Jacksonville Slip and Fall Lawyer
Slip and Fall Attorneys in Jacksonville, NC
Slip and fall claims are some of the most common claims to be filed in the United States due to how frequently these incidences happen. For you to be eligible to file this type of claim, you must be in a position to prove that the injuries you suffered were due to the negligence of either a premise owner or even your employer.
It is easy to gather proof of negligence since you will find that you are not the only one affected. However, do not fear getting compensation for your injuries just because many people do not do it.
All you need to do is identify the experienced slip and fall attorneys in Jacksonville, NC, who is ready to take your case and give them the details of the claim that you want to file. He will advise you accordingly, and together you can work on getting the justice you deserve for injuries suffered.
You also have the right to file the case for a family member who may still be in hospital or deceased. If the person died, you could file for wrongful death where you will be compensated for the various loses that your family has suffered.
Common Types of Slip and Fall Accidents in Jacksonville, NC
- Wet floors. This is one of the most common causes of slip and fall incidences especially if the floors have just been cleaned or there is a roof leak that hasn’t been fixed. Such a case is fairly easy to prove fault since in the case of wet floors, one is required to put up a sign warning people against it. If the sign is not there then the cleaner and by extension the owner of the premise will be liable. If there is a roof leak in your building and your landlord hasn’t taken any action, even after knowing about it then you slip on the dripping water, you can file for settlement.
- Slippery floors. Some floors are sometimes too slippery for some types of shoes, and they may cause a really bad slip and fall. The owner of the premise is required to put up a warning sign, and if there are too many cases of people slipping, he may be required to change the floors. You can still file for compensation especially if the sign was not placed in an easy to read position.
- Dark areas. It is required that a landlord or property owner properly light any common areas in his premise. In case the lighting is faulty, and the owner is informed about it but does not act upon it, then someone falls in that area, he will be liable for their injuries. You can take photos of the area and even get other affected members to testify on your case and with the help of your lawyers; you will get compensation for your injuries.
- Cracked floors and torn carpeting. Structural issues such as cracked floors in an area that is not well lit can cause a slip and fall incident, and one can sue their landlord for compensation. You will, however, need proof that the landlord was negligent of the situation so as to have the case ruled in your favor.
- Ice and snow. If it is the responsibility of the owner of the premise to remove snow and ice from the pavements outside their building, and they fail to do this leading to a fall, you can sue for damages. However, you need to be certain that the responsibility is theirs otherwise it will be difficult for your slip and fall attorney in Jacksonville, NC to get you compensation for your injuries.
- Work-related accidents. You can file for personal injuries if there is a fall at your place of work provided that you can directly link your employer and the incident. It is important to show that they were negligent hence causing the incident for you to win the case.
- Elderly care neglect. If a family member that you have placed in the care of a nursing home slips and falls, you can sue the center for negligence and get compensation. With the help of your lawyers, this is a fairly easy case to prove since the caregivers are required to monitor the patients at all time and if such an incident happens under their watch then it means that they are negligent of their duties.
Types of Damages Awarded in a Slip and Fall Claim
The following are the types of compensation that the plaintiff can be awarded upon winning a slip and fall case:
Medical costs incurred. Slip and falls often end in serious injuries that can put a financial strain to the family of the affected. If the case is decided that the owner of the premise is at fault, you can get compensation to cover any medical costs incurred and those that will be incurred in future till you are completely healed. This will cover admittance in hospital, surgeries, and drugs.
Lost earnings. During the period of time that you are recovering, you will not be working, which means that you will not be in a position to support your family leading to financial constraints. However, you may be compensated for this by giving you a lump sum percentage of your earnings to enable you to support your dependents.
Funeral expenses. If your family member succumbs to their injuries and dies, you can file a wrongful death case due to a fall. If you are able to prove carelessness on the part of the defendant, you can be awarded compensation to cover funeral costs.
Loss of contribution. If a member of your family dies because of a slip and fall yet he had some dependents, you can argue that you have lost their financial contribution hence causing financial complications in the family. This compensation may be awarded to ensure that the family is still stable even after the death of their family member.
Pain and suffering. The sudden death of a loved one can affect his family members adversely causing them to suffer emotionally. This is even worse for his immediate dependents such as children who may be left without a parent if the deceased was a single parent. The slip and fall attorneys in Jacksonville, NC, can help have compensation awarded to ensure that the members affected can get psychological help if the need arises.
Loss of companionship. A spouse of the deceased can file a derivative claim. It is identified by law that the deceased may have been a pillar in the life of their spouse and their death may have affected them greatly. This may lead to the disruption of their life including livelihood hence the compensation to assist them to gain financial independence even after their loss.
Loss of enjoyment compensation. If an injury has made you unable to enjoy the things that you used to such as physically active hobbies, exercising, traveling and spending time with your family, you can be awarded compensation to for that.
It is a type of compensation awarded when there is proof that the owner or employer was completely negligent and careless in his deeds. It is basically meant to punish the offender for his unacceptable behavior and try to make things better for the plaintiff. Your slip and fall attorneys in Jacksonville, NC can help you prove that punitive damages need be awarded to you, hence allowing you to get justice for you or the deceased.
Comparative and Contributory Negligence and How It Can Affect Your Case
The assumption is usually that if you slip, fall and injure yourself in someone’s premise, it is automatic that they will be found liable for the incident as long as you have adequate proof. While this is true, there is comparative negligence that may reduce the amount awarded to you.
Comparative negligence is a method of defense that while the defendant is found liable for the incident that happened in their premise, your actions as the plaintiff may have as well contributed to the accident. This means that both of your will be found liable.
It is unlikely that comparative negligence will lead to you completely losing your claim. What happens is that your compensation amount is reduced due to the part you played in the incident.
In some states, there is a 50% or 51% rule. It is meant to determine who was more liable for the trip and fall and if you are found most liable, then you may lose the case. However, an experienced slip and fall lawyer in Jacksonville, NC should have seen that coming and prepared a great defense to ensure that you don’t lose everything.
Contributory negligence is a bit different in that it is meant to determine whether there is something that you consciously did that led to the accident. If there is, this makes you liable, and unlike in comparative negligence, your case will be dropped, and you will be unable to collect any damages.
Slip and fall cases seem pretty simple and straightforward, but a lot can happen between the moment you file to the trial phase that can mess up your expectations. It is for this reason that you need to get yourself a good lawyer that will have the task to look at all the possible angles so that you are not caught unaware.
Should You Settle a Slip and Fall Case or Go To Trial?
Settling and going to trial are all great options depending on the state of your case as slip and fall attorneys in Jacksonville, North Carolina, will advise. Many slip and fall cases end in settlement since not most people are usually ready to incur the costs related with going to trial along with the time before the decision is made, not forgetting appeals.
However, sometimes it is not a good idea to settle as you stand to lose out on extra damage awards especially when you have a really strong case. So when should you consider going to trial?
- If you have enough proof. If you have adequate proof and witnesses to back up your trip and fall claim and you are sure that there is no way to link you to the incident, then you should definitely go to trial. If you settled yet you have a strong backing, you may end up getting a lesser figure than the one that would have been awarded by the court.
- If the defendant is really negligent. Sometimes you have to take it upon yourself to teach the defendant a lesson if there are excessively rude and careless. In this case, you should go to trial so that they can be punished and you can possibly save more people from suffering what you went through, you also stand a chance to be awarded punitive damages.
- If you can get the defendant to pay your legal fees. Your lawyer’s duty is to make sure that you gain as much as possible from your claim, and if there is a possibility to have the defendant pay your legal fee, you should go to trial. Legal fees are usually quite high so not having to worry about it is something that you want.
When Should You Settle?
- If you don’t want to go through the long trial process. A slip and fall case in Jacksonville, NC can take quite a while. If you are not completely healed, it may be straining for you to continue to trial so a settlement will save you from this.
- Comparative and contributory negligence. After an analysis by your attorney where he finds that there is a chance that you may be accused of either comparative or contributory negligence, you should definitely settle before the other side comes by this knowledge. This ensures that you get some compensation instead of possibly nothing.
- If you don’t have enough money for a trial. Trial cases are very expensive, and it can put your family in more financial trouble as you await the final decision. A settlement will ensure that you don’t have to incur these costs and still go away with a pretty great sum.
- If you can negotiate for just enough. If your lawyer can negotiate on your behalf and get you a settlement that is just enough to cover your expenses, then you should save yourself the trouble and settle.
It is important for you to carefully analyze your case, with the help of your attorney to determine which course of action you should take. You may choose to risk the outcome of a trial but think of the kind of effect that it will have on you and your family.
Why are Slip And Fall Attorneys in Jacksonville, NC, Important in a Slip and Fall Claim?
There are many ways that your attorney can help your case other than defending you during the trial. These ways include:
Looking for Proof
If you are injured, you may not be mobile enough to look for proof for your claim on your own. Once you hire one of the slip and fall attorneys in Jacksonville, NC, they will bear the burden of collecting enough proof to make your case stronger. One of the experienced slip and fall attorneys at Carolina Law Group will also interview witnesses for your case, so all you have to do is relax and get better.
Give Legal Advice
The general duty of slip and fall attorneys will be to give you legal advice to help you make any tough decisions. For example, experienced slip and fall attorneys can give you the pros and cons of accepting a settlement or going to trial. As much as the decision on what to do is yours, the slip and fall attorneys will make things clearer especially since they offer it from a legal point of view.
Negotiate on Your Behalf
You don’t need to actually negotiate settlements for yourself when you have slip and fall attorneys in Jacksonville, NC. They are more equipped, knowledge wise on how to ensure that they get you what you want from the defendant. Your lawyers can use the information that they have gathered to convince the other side that you are doing them a favor by settling. It is for this reason that you need to get yourself someone that is great both in and out of court.
Whether you have suffered some injuries or lost a family member through wrongful death, it is a good idea to file for compensation. It may not take away what you have gone through or bring back your loved one, but it will assist in ensuring that you and your family are doing fine financially. Contact the slip and fall attorneys at The Carolina Law Group for an assessment of your case. to see how our slip and fall attorneys in Jacksonville, NC, can help your family get the compensation it needs.