Over a million people require emergency medical attention each year—spending upwards of $30,000—because of slip-and-fall accidents. While personal health insurance or workers’ compensation insurance may cover most of these expenses, neither do much for the pain and suffering or lost work time that can result from such an injury.
When you slip and fall, you may get little more than a shin bruise and be back on your feet in seconds. However, you could wind up facing serious sprains, broken bones (especially hip fractures), brain injuries, or chronic back pain. Understanding where the line falls between “no big deal and nobody’s fault” and “serious and preventable” can save you thousands of dollars and ensure you know when it’s time to call a slip-and-fall accident lawyer.
Understanding Slip-and-Fall Accident Injury Liability
When an injury occurs on someone else’s property, the property owner may be held accountable. In order to prove they are at fault, your slip-and-fall accident lawyer must prove that either the property owner or someone they hold responsible for property maintenance caused or failed to prevent the accident by acting negligently.
Failure to prevent an accident typically implies that the responsible party had knowledge of a present hazard and a reasonable amount of time to fix it, but did not. However, causing a hazard means that a reasonable person could assume someone would be injured if the hazard in question was created.
Failing to prevent an accident might appear as an instance where a sidewalk was icy, had been for several days, and no measures were taken to correct it (e.g., no salt was laid down, no signs were posted, etc). Creating a hazard might look like mopping floors, creating a slippery surface, and—since a reasonable person could assume someone might slip on wet floors—not putting up any wet floor signs.
Workplace Injury Compensation
When you’re injured at work, things are handled a little differently. Workers’ compensation insurance generally covers medical care for an at-work employee’s injury and will provide about two-thirds of any resulting missed wages. However, if the injured employee was intoxicated, flagrantly violating workplace rules, or performing illegal activities during the time of their injury, their claim is usually denied.
There are times when a lawsuit for a workplace injury may still be appropriate. If your employer was acting atrociously and caused the accident that resulted in your injury, or if a third party (such as a client or another business) in some way interfered to cause the accident, you may choose to file a third-party lawsuit. Workers’ compensation will provide specifically approved medical costs and partial wages, but if you choose to sue the guilty third party, you can ask for compensation for the many other financial aspects that might accompany your injury.
Who Is Responsible for a Slip-and-Fall Accident?
Comparative fault laws vary from state to state. These laws essentially determine who is liable for the financial burden of an accident depending on who was responsible for that accident. A state following comparative fault laws leaves the injured party totally responsible for the financial burden if they were even slightly responsible for the accident. However, comparative negligence states (like Missouri) work a little differently: if the injured person is considered partly at fault, they are only partly responsible for the financial burden of the accident.
For example, if you tripped in a hole and broke your leg, and the hole had been there for some time—definitely long enough for the property owner to have, if not fixed it, at least put up warning signs to prevent injuries like yours—but you were on the phone when you tripped, the defendant’s lawyer might argue that you were distracted, and therefore, partly responsible for your injury. In a case like this, you might consequently have to bear part of the financial burden of your accident.
The percentage of accident responsibility the court determines you to bear equates directly to how much of the financial burden you will be responsible for. So, if you are found to be 25% responsible for your slip-and-fall accident, the property owner will only be required to bear 75% of the financial burden.
Average Claim for Slip-and-Fall Accidents
The average claim for a slip-and-fall accident includes financial recovery of medical bills, pain and suffering, emotional distress, property damage, and lost wages (those you’ve been unable to earn in the past and any the accident may prevent you from earning in the future). Exactly what kind of monetary recompense you can expect depends on a variety of specifics, including what sort of injury you’ve suffered. For example, chronic back pain due to slip-and-fall accidents generally provides greater compensation than something that heals quickly and doesn’t cause ongoing issues, like a sprained ankle.
How Do I Know When I Should Sue?
If you suffer an injury from an accident that was in no way your fault (i.e., obviously caused by the property owner’s negligence), and you are suffering financially, a lawsuit may be right for you. Additionally, if that injury has resulted in a state of disability—whether temporary or permanent—you may be entitled to compensation.
If you are unsure about any of these things, a slip-and-fall accident lawyer can help you decide if filing a lawsuit is the right choice for your situation, and they can also estimate how much can be expected from an average slip-and-fall claim similar to yours.
Slip-and-Fall Lawyers Near Me
If you’ve been injured in a slip-and-fall accident, you need an injury attorney who will do what it takes to get you the compensation you deserve. The expert slip-and-fall accident lawyers at Missouri Injury Recovery will provide a free case assessment to help you decide if a lawsuit is the best course of action for you.We work hard so you don’t have to! If you’re ready to get your compensation in order, call us today at 866-695-6318, or visit our website to get started with your claim.
