Slip and Fall Attorney in Montgomery, OH
Slip and fall accidents are among the most common workplace-related accidents in Ohio and the entire country. According to data from the US Bureau of Labor Statistics, at least 21 people lost their lives in 2020 due to slip and fall accidents in Ohio. At least 32 people had lost their lives in similar accidents the year before. That year, slip and fall accidents were the second-most common fatal incidents in workplaces across the state. They accounted for at least 17 percent of all workplace-related injuries in Ohio.
If you live in Ohio and have been injured due to a slip and fall accident in the workplace or any public space, you may be eligible for compensation. All you need to do is talk to one of our experienced slip and fall attorneys.
Our law firm is located in Montgomery, OH, and serves clients throughout the state, including Kentucky.
How the Slip and Fall Injury Claim Process Works
Our slip and fall attorneys have compiled this simple, step-by-step guide to filing a claim if you or your loved one has been injured in such an accident.
Gather Important Information
The first thing to do is to gather important information about the incident. This may include but is not limited to:
- The time and date of the slip and fall accident
- The location of the accident
- The reason for the accident, i.e., the dangerous condition that led to the accident
- Witnesses’ names and contact information
- Pictures of the dangerous condition, such as wet floors, poor lighting, poor electrical wiring, etc
Make a Report
Contact the individual or entity in charge of the store, such as the store manager, and inform them about the accident. If the accident occurred while you were on shift at work, follow your employer’s procedures for reporting such accidents. You will be required to fill out and sign an accident and incident report.
Seek Medical Attention
It is important to visit a doctor even if you feel okay. This is because certain injuries, such as internal organ damage, take time to show and usually have devastating results. For example, internal bleeding can lead to permanent brain damage. Bleeding causes blood clots, which block oxygen flow into the brain.
When you seek medical attention after the accident, the examining doctor will write you a report. The report will contain the damages suffered, and the treatment provided or recommended, among other important details. This information will come in handy later when you file a claim with the other party’s insurance company. They will want to review this information to determine what you may be able to recover as compensation for your injuries.
Failure to seek medical attention can complicate your claim. For example, the other party could argue that you are not injured or that the injuries are not serious. For this reason, even though you may still be able to prove that you got injured due to the dangerous condition, the fact that you did not seek medical attention could jeopardize your claim. In addition, the insurance provider could argue that their insured was not responsible for your injury and that you might have suffered the injury somewhere else.
The bottom line is that timing is important when it comes to personal injury cases. Unfortunately, missing certain deadlines could also mean missing a chance to recover compensation for damages suffered due to the injury.
File a Claim
Slip and fall cases are not usually the easiest to prove. Insurance companies will not believe your side of the story simply because you have visible injuries. In addition, most public places, such as supermarkets and malls, are often the target of fraudulent slip and fall claims. For this reason, it is always advisable to consult an experienced slip and fall attorney before filing a claim.
How an Attorney Can Help
Hiring an attorney after a slip and fall incident can significantly impact your case for the better. An experienced slip and fall lawyer can help:
- Review your case to determine if you have a valid reason to file a claim
- Identify the parties at fault for the slip and fall incident
- Gather important evidence against the negligent party
- Evaluate the damages suffered due to the injury
- File a slip and fall claim with the negligent party
- Negotiate a reasonable settlement on your behalf
- File a lawsuit against the other party if they refuse to settle the claim out of court
What Damages Can Be Recovered in a Premises Liability Injury Claim?
When you slip and fall on someone else’s property, it could be a case of premises liability. In layman’s terms, premises liability is a legal concept that is usually applied in personal injury cases where an individual gets injured due to a dangerous condition on someone’s property. Here are some common damages you may be able to recover in a premises liability claim.
You may be able to recover all medical expenses incurred due to the slip and fall accident. This may include but is not limited to the cost of surgery, cost of prescription medication, cost of physical therapy, laboratory fees, etc.
Loss of Income
A slip and fall accident may prevent you from working. And when that happens, you will most likely struggle to pay your bills. A seasoned attorney will review your pay stubs or business financial statements to evaluate the amount of compensation you may be entitled to.
Loss of Future Earning Capacity
Certain injuries might affect your future earning potential. Here’s a hypothetical example:
John is a professional athlete. While shopping at the mall, he slips and falls off a flight of stairs due to wet floors and breaks several bones. His doctor recommends surgery and concludes that John might not be able to compete professionally again.
In that case, his career as a professional athlete could be over. A skilled slip and fall attorney can help such a client get compensation for the loss of future earning capacity. In this context, the attorney will argue that their client would have been competing professionally and earning a stable salary if not for the injury caused by someone else’s negligence.
Pain and Suffering
The court might also award you compensation for pain and suffering.
Common Causes of Slip and Fall Accidents
Slip and fall accidents occur for different reasons and in different environments. Here are some of the most common:
- Wet floors
- Uneven floors
- Environmental conditions such as loose cords, poor lighting, etc
- Unsafe ladders and stairs
- Improper safety practices by workers, managers, supervisors, etc
What Are Common Injuries That Come From Slip and Fall Accidents?
Slip and fall incidents cause a wide range of injuries. Some of the most common include:
Most people who suffer broken bones due to slips and falls require surgery. As a result, they may need long-term care and recovery.
Whiplash is the most common type of neck injury. The term ‘whiplash’ refers to a sudden back and forth movement of the neck, usually like a whip.
Traumatic Brain Injuries
Traumatic Brain Injuries, also known as TBIs, can lead to devastating conditions such as permanent brain damage, Diffuse Axonal Injury (DAI), etc.
Knee and Ankle Injuries
Knee injuries include but are not limited to sprains and strains, tears, broken bones, etc.
Facial injuries occur as a result of the face hitting the ground. The injured individual might suffer from fractures, broken teeth, severe cuts, concussions, and other TBIs.
Do I Need an Attorney if I Slipped and Got Injured?
Yes, it is always advisable to speak with an experienced slip and fall attorney if you or your loved one has suffered this kind of injury on someone else’s property. You may be able to recover the damages discussed above and even more. This is because slip and fall cases are never the same; they vary from one individual to another.
When you slip and fall on someone else’s property, chances are they won’t take your claim seriously, especially if you do not have an attorney. Insurance companies also do not trust such claims because of insurance fraud.
An experienced slip and fall attorney can help hold the other party accountable for their negligence and negotiate a reasonable settlement on your behalf. And if they are not willing to settle the claim out of court, the attorney will file a lawsuit on your behalf, fighting for your rights in front of the judge.
Need a Slip and Fall Attorney in Ohio and Kentucky? Call N.P. Law Now!
Our attorneys have represented many victims of slip and fall accidents throughout Ohio and Kentucky for more than a decade. Contact us today for a case evaluation with someone who actually cares about your pain.