Accidents are never planned, and even if you are careful, they can happen in places you do not expect. For example, you might be roaming an aisle at the supermarket looking for a product and be unaware someone has spilled something on the floor. Down you will go, often bruising more than your ego.
Property owners and managers could be responsible for your injuries. If you can show they owed a duty to keep the property safe for visitors and failed to do so, and you were harmed because of it, you might have a right to file a legal claim. A Eureka slip and fall lawyer could review evidence in your case to determine whether negligence played any part. If so, one of the skilled injury attorneys at our firm could fight to get you compensation you deserve.
Types of Slip and Fall Accidents in Missouri
Many situations in which a person falls can lead to an insurance claim or lawsuit if insurers are unwilling to compensate an injured party adequately. Examples of common slip and fall accidents include:
- Grocery or convenience stores that do not perform cleanups of food or beverages promptly
- Icy walkways and parking lots
- Uneven floors or those with buckling carpeting
- Unkempt yards with deep holes
- Littered or unlit staircases
Negligence laws require property owners and managers to act as a reasonable person in the same situation would. The courts will weigh how much time lapses before the owner discovers a danger and either repairs it or warns others about it.
Jurors will ask themselves how reasonable that time-lapse is. For example, if a supermarket customer drops a jar of mayonnaise, which breaks on the floor, and another customer steps and slides on it, falling and breaking a leg, it will matter whether the jar was on the floor for seconds or hours. A Eureka slip and fall injury attorney could collect evidence to build a case that the owner or manager failed to act in a swift and reasonable amount of time.
How a Personal Injury Attorney Can Help
The main hurdle when litigating a slip and fall accident is proving the defendant was negligent. The plaintiff has that burden, and if even one element of negligence cannot be proved, no compensation will be awarded.
Evidence is vital in proving negligence. A diligent trip and fall lawyer in Eureka could gather the facts as the plaintiff remembers them, review medical and police reports, talk to eyewitnesses, and check video or cell phone footage of the accident, if available.
Medical evidence is crucial because it gives the legal professional a chance to determine how much compensation the injured party may need to make a full recovery. A customer who slips and falls, breaking their pelvis, will need a long recovery time, while a customer who only sprains their wrist will not.
Fighting for Financial Recovery on Your Behalf
An injury attorney fights for economic and non-economic compensatory damages. Economic damages pay the injured party for what it costs to recover from the slip and fall, such as medical bills and lost wages. Non-economic damages cover other types of suffering, such as:
- Emotional stress
- Lost future wages
- Diminished quality of life
Speak with a knowledgeable slip and fall lawyer in Eureka to learn what recoverable damages might be available in a particular situation.
Settlement or Lawsuit After a Slip and Fall
Once negligence is determined and plausible defendants identified, an attorney will begin drafting a complaint. This is the basis of a lawsuit that explains the accident, why the plaintiff believes the defendant is liable, and how much damages the plaintiff is seeking.
During the process, a savvy lawyer will attempt to negotiate a settlement with the defendant’s insurance carrier, ending litigation if negotiations prove suitable. If the legal professional believes the plaintiff deserves more money and the insurance company will not budge, the lawsuit will be filed, and a jury will decide.
Schedule a Consultation with a Eureka Slip and Fall Attorney
You do not plan to trip, slip, or fall on someone else’s property. Owners and managers should keep property safe for visitors, and you trust that they will. Unfortunately, sometimes owners slack off and fail to repair a danger or warn about it, and someone is subsequently hurt.
If that someone is you, reach out to a committed Eureka slip and fall lawyer at our firm to get started on your injury claim.