Your Right To Compensation After a Slip and Fall Accident
Accidents can happen unexpectedly, especially slips and falls. According to the National Floor Safety Institute (NFSI), falls are the leading cause of emergency room visits in the United States. No matter where a fall occurs, these accidents can result in catastrophic injuries, significant medical bills, and even wrongful death. If you or a loved one have suffered a slip and fall accident due to the negligence or recklessness of another party, you may be entitled to damages. Contact the Kansas slip and fall attorneys at Patterson Legal Group to seek compensation after a slip and fall accident.
How to Obtain Compensation After a Slip and Fall
When planning to obtain compensation after a slip and fall accident, there are a few things you’ll need to do in order to start the process of filing a personal injury claim.
Gather Evidence
Gathering evidence is crucial to building a strong case. This will be used to establish fault. Here are some crucial pieces of evidence that can strengthen your case:
- Documentation of the incident: report the accident to the property owner or manager. Ensure that an incident report is filled out and request a copy for your records.
- Photos and video: take photos and video of the accident scene, including the hazard that caused your fall, any visible injuries, and the surrounding area.
- Witness statements: if there were any witnesses, collect their contact information. Witness statements can help corroborate your version of events.
- Medical records: even if your injuries seem minor, seek medical attention as soon as possible after the accident. Medical records documenting your injuries, treatments, and expenses will serve as crucial evidence of the extent of your damages.
Establish Liability
To pursue compensation after a slip and fall accident, it’s crucial to establish liability. This means showing that the property owner’s actions or inactions led to your injuries. For example, if you slipped on a wet floor in a grocery store without any warning signs, the store may be held responsible for the accident. To pursue a slip and fall claim, the four elements of negligence must apply. These include:
- Duty of Care: the property owner had a reasonable obligation to ensure your safety.
- Breach of Duty: the property owner failed to fulfill their duty of care, leading to the situation that caused injury.
- Causation: the property owner’s negligence or recklessness caused your injuries and subsequent damages.
- Harm: the victim suffers injuries due to the actions or inactions of the responsible party..
Types of Compensation
After establishing negligence, you may be entitled to various types of compensation, depending on the specific circumstances of your case. Common types of compensation after a slip and fall accident include:
- Medical expenses: compensation for the cost of medical treatments, hospital stays, medications, rehabilitation, therapy, and any future medical expenses related to your injuries.
- Lost wages: if your injuries caused you to miss work, you may be entitled to compensation for the wages you lost during your recovery period. Additionally, if your injuries have long-term effects that affect your ability to earn a living, you may also seek compensation for future lost wages.
- Pain and suffering: pain and suffering offers compensation for non-economic damages caused by the accident such as physical pain, emotional distress, and a diminished quality of life.
- Property damage: if any belongings were damaged in the accident, you can include the cost of repairing or replacing them.
Comparative Negligence
In a slip and fall personal injury claim in Kansas, a modified form of comparative negligence applies. This states that if you are determined to be 49% or less responsible for an accident, you can still seek compensation, although it will be reduced based on your degree of fault.
However, if you are found to be 50% or more at fault, you will be unable to recover any monetary damages. If it is determined that both parties share equal responsibility for the accident, there is a possibility that you may not be entitled to receive any compensation.
Contact Patterson Legal Group After a Slip and Fall
If you or a loved one have suffered injuries in a slip and fall accident due to no fault of your own, you deserve justice and compensation for your injuries. Our team of trial attorneys has experience investigating the details of a claim, proving liability, and obtaining compensation after a slip and fall. We are dedicated to serving clients throughout the entire process, ensuring that your rights are protected.
Patterson Legal Group has more than 75 years of combined experience successfully representing injury victims in Kansas, Missouri, and Oklahoma. We have a track record of winning superior settlements for our clients. Our firm offers free consultations and works on a “no win, no fee” basis, which means that you do not pay a dime unless money has been recovered on your behalf.
To get started on your free consultation, call us 24/7 at (888) 687-2400. You can also fill out this contact form or reach out via LiveChat.
