New Bern Slip and Fall Accident Lawyer
Slip and Fall Accident Lawyer in New Bern, NC
A slip and fall is a type of injury case that can be filed by someone who has slipped and fallen in a certain premise and had an injury as a result. It also qualifies as a slip and fall if it happens on a public sidewalk due to something such as a crack or ice in the winter.
It is a common injury that many people ignore or don’t know what to do once they have suffered an injury due to slipping. Unfortunately, the information on what to do in such a case is not known by many, and they end up suffering various losses unnecessarily.
If you happen to slip and fall in someone’s property due to a form of negligence such as cracked tiles, torn carpeting or wet floors without a sign to alert you, you have the right to file for compensation. It is important that you get legal representation from a capable slip and fall accident lawyer New Bern, NC.
As long as you have suffered a form of injury that has affected your life either economically or health-wise, you can get compensation and even prevent someone else from suffering the same.
Your lawyer will be in a position to give you your options and advise on the best ones where you can benefit the most. However, the decision is yours on whether to settle with the accused or go to trial.
Common Types of Injuries From a Fall
- Fractures and breaks on any bone of the body are some of the most common type of injury by slip and fall victims.
- A spinal injury is one of the more serious injuries often leading to a disability of the injured, and in such a case, you should really file a slip and fall case through your slip and fall attorneys in New Bern, NC.
- If you fall and hit your head hard on the ground, you can suffer from head trauma leading to bad migraines, and in some cases, you could get a concussion.
- If one suffers very serious injuries, it is possible for it to end in death. If your loved one dies after a slip and fall, you can file a wrongful death case where you could get compensation.
When Can You File a Slip and Fall Case?
- If you have knowledge that the owner of the premise or property in a way created the problem or failed to fix a problem that led to your injury, this can be in the case of a narrow staircase, dark areas or wet floors. You can get witnesses to testify against the owner, and with adequate proof, you stand to win.
- If the owner knew about the problem and failed to fix it which led to you slipping and injuring yourself.
- If the problem has existed for a long time, enough for the owner to become aware of it and still he did not act upon it leading to your injury through slipping and falling.
In any of these events, slip and fall attorneys in New Bern, NC will be invaluable to you by offering you with the required legal advice and way forward. He will be in charge of ensuring that justice is served and you get compensated for loses that you have suffered.
Slip and Fall Injuries Statistics and How a Lawyer Can Help You Get Compensation
Statistics by the Occupational Safety and Hazards Authority (OSHA), the majority of general work industry are caused by slips and fall. As a result, slips and falls lead to 15% of accidental deaths.
The National Safety Council reported that in 2011, the falls at the same level and at a lower level were the second and third biggest causes of injuries leading to disabilities of the workers. Due to these high numbers, slips and falls accounted for up to 15% of expenses incurred in workers compensation.
It is also estimated that up to 15 million injuries are caused by slips, trips and falls in the US. The fatalities have reduced to around 600 people per year.
According to the department of health, falls and slips are the main cause of emergency room visits. They account for up to 1million visits per year with a high percentage of them being found to have serious fractures in different parts of the body.
It is easy to ignore a slip and fall, but once you suffer a serious injury such as a fracture or even a clean break, you deserve compensation. The costs of seeking treatment, days off while you get better, and even emotional damages are all reasons why you should talk to a slip and fall accident lawyer in New Bern, NC to see what can be done for you.
If you have a family member that suffered a slip and fall while at work or even in a building, and he is perhaps unconscious, you can still get a lawyer to help you get compensation. It is as easy as verifying the facts then choosing the best options as you see fit or as advised by your slip and fall accident lawyer.
Can You Sue Your Landlord For a Slip And Fall?
It is possible to sue your landlord for an injury caused by slipping, but you need to prove that there was negligence on his part and to do this you will need a lot of proof and witnesses.
There are common instances when you can sue your landlord. These apply for cases where the injury has occurred:
- In a common area such as the stairs or corridor, if you do slip and injure yourself in these areas, due to negligence by the landlord, you can sue. However, it is important to prove that the landlord was aware of the cause of the fall and didn’t do anything such as worn out corridors and stairs. This means that if you were walking on the corridors and you slip on something such as spilled soap or water that is not from a leak, the landlord may not be guilty since he wasn’t in control of that.
- Inside your apartment. For example, if there is a leak in your roof which you alerted the landlord about but he didn’t do anything, then you slip on the dripping rainwater and hurt yourself. The landlord will be liable. Make sure that you have any documents that can prove that you told the landlord about it and their response to your message.
- Outside the apartment on the sidewalk. If for example you trip on a cracked pavement or you slip on the snow at the sidewalk, which is still the landlord’s property, he may be found liable. However, this is subject to whether it was his responsibility to ensure that the snow is shoveled. If it was your responsibility, then there is nothing you can do about that case.
It is recommended for you to have your proof in hand when filing a slip and fall case. This is why you should always have photos, any kind of documentation, including your lease agreement that will help prove your story. Once you have this, it is your lawyer’s responsibility to ensure that he has built a strong case for you to get you the kind of compensation that you require for your injuries.
What Happens When You Want To File a Slip and Fall Case
- File within the recommended time frame. There are different requirements by different states about when you can still file your case, in New Bern, NC this time is about three years from the incident. The reason why you can still file your case after such a long time is that, for some slip and fall cases, you may not get injured immediately. You may go to the hospital, and everything is fine, but a few months down the line, you find that you have an injury. As long as it is within three years, you can file for compensation through your slip and fall accident lawyer and get what you are owed.
- The actual filing that should be done by a slip and fall attorney in New Bern, NC to ensure that all the details are included in the document. It should explain who is involved, their positions, how the incident happened and the type of compensation that you want.
- The accused will then file a response to your allegations which will contain details of whether they accept or deny the claim. With this response, your slip and fall accident lawyer should explain what will happen next and get all your details together for the investigations stage.
- Next are the investigations or what is known as discovery where each side will seek to know as much as possible about the case from either side. You will be required to answer any questions under oath as what is discovered in this stage will play a big role in the stages that will follow.
- Pretrial and mediation stages. During pretrial either side may file certain motions depending on what they have discovered so as to get the upper hand on the case. They may also go ahead to file for the case to be dismissed if the case doesn’t hold any water. Mediation will be given a chance, and this is where you have the option to settle. If you choose not to, then you and a slip and fall accident lawyer can go ahead to trial.
- If you choose not to settle and go to trial, you should expect a ruling within five days where the judge may rule for you or against you based on the proof that you present and how well your slip and fall accident lawyer argues the case.
Types of Compensation for Slip and Fall Cases New Bern, NC
- Medical care compensation. Many slip and fall injuries can really dip deep into your savings due to the hefty medical costs. Depending on the seriousness of the injury, you may be required to pay for tests, admittance, and surgery and of course drugs. If you file for medical compensation and you win the case, you can be compensated for the amount that you have used to seek medical attention and for any medical needs that you may have in future as a result of the slip and fall injury.
- Compensation for suffering. This type of compensation covers any pain and suffering that you have as a result of the injury. It includes physical and psychological suffering, but there is no set amount for this type of compensation as it is difficult to measure the amount of suffering that one has undergone. Your lawyer can advise you on a reasonable amount that you can ask for then the judge will decide or you can negotiate with the liable party if you choose to settle.
- Lost wages. Your slip and fall injury New Bern, NC, may cause you to take time off from work, and as a result, you may be unable to provide for yourself and your family. In this case, you have the right to file for compensation for the wages that you would have earned while at work. You may be compensated full according to how much you earn or receive a percentage of it depending on the merits of your case.
- Wrongful death compensation. If someone in your family succumbs to injuries from a fall, you can get New Bern, NC attorney to file a case of wrongful death. The compensation can cater for prior medical bills, suffering of immediate family, and loss of the financial contribution in the family and funeral costs.
How Much Compensation Can You Get with a Slip and Fall Accident Lawyer?
Calculating how much compensation you will get depends on a number of factors such as the seriousness of your claim and injuries.
If you have a lot of injuries that have cost you a lot of money, and they will continue costing you, it is possible to get a number of compensations, for example, medical care, pain and suffering, lost wages and capacity to earn.
There is no set minimum and maximum amount you can receive but depend on how well your lawyer presents your case, you can get enough to ensure that you are recovering comfortably.
If you choose not to go to trial; however, it is possible to dictate how much you will get since you will be negotiating. A great lawyer should be able to convince the other party that settling will be better for them and still get you a figure that you feel comfortable with.
The compensation is usually given as a lump sum as opposed to monthly allowances, so take some time with your lawyer to calculate and come up with a figure that you can be certain will go a long way in helping you and your family. If you are suing for wrongful death, you can get a lot more depending on the facts so discuss all your options with your lawyer before agreeing to anything.
Tips To Choose a Slip and Fall Accident Lawyer New Bern, NC
Hiring a lawyer immediately after your slip and fall injury is the best move so you can get help on the way forward. It will ensure that you maximize on how much you can get without having to do everything on your own. The following are some essential qualities of a great trip and fall attorney:
- Experience in the particular field. You need an attorney that has handled a case such as yours and won the client some good amount in compensation. Experience will ensure that your slip and fall accident lawyer knows exactly what to expect and what to do so that you can get the best from your case.
- Negotiating on your behalf. If you are unable to negotiate for one reason or the other, you should have a slip and fall lawyer in New Bern, NC who feels your pain in your place. He should bring out all your injuries in clear terms stating exactly what you want to have the charges dropped. He should follow what you instructed and not make decisions for you.
- Dedicated to the case. The slip and fall attorney in New Bern, NC that you choose should have some passion for your cause. He should be dedicated to ensuring that you are heard and what you need is done perfectly. He should take time to research the case and help you in finding more evidence to make your case stronger.
- Team player. In this type of case, a slip and fall accident lawyer that works on his own and by his own terms is not advisable. You need one that will take you with him, every step of the way ensuring that you approve every decision since you are the client and he works for you.
Having suffered injuries as a result of a slip and fall incident, you shouldn’t be afraid to get what is legally yours. You are entitled to compensation by the owner of the property where the incident happened or your employer in case it happened at work. The team at Carolina Law Group will work with you to get all you need to file a strong case. The slip and fall attorneys in New Bern, NC make sure to listen to your cause and what you need so that you may get the results that you expected and justice is served.