Although it is common sense to keep walkways clear of obstructions, slippery spills, or trip hazards, such things are often ignored by passers-by. As a result, many innocent pedestrians suffer from personal injury after slipping or tripping. Broken bones are common in such situations, which could require expensive treatments such as bone setting, casting, pins and screws, and physical therapy.
It’s also possible for a person to fall and hit their head, causing traumatic brain injury that could end in permanent brain damage or amnesia. Another such catastrophic injury that could occur is a spinal cord injury. Such damage could cause temporary or permanent loss of feeling or even paralysis. Slip and fall accidents rarely occur without injury, so find out how you could obtain compensation by speaking with a dedicated Phoenix injury lawyer today.
You may be able to negotiate a minor slip and fall accident claim on your own in Arizona. If you have serious injuries or expensive medical bills, however, it is best to hire an attorney to handle insurance negotiations for you. Insurance companies often do not pay top dollar for severe injuries. Severe injuries are those that may impact you long after the slip and fall accident, resulting in thousands of dollars in medical expenses.
As someone with a serious injury, it may take hiring an attorney to force an insurance claims adjuster to treat your case fairly. You may qualify for compensation for past and future damages but may need to prove these losses to a claims adjuster. After you contact an attorney, you can rest and relax while he or she takes care of your case on your behalf. You do not have to worry about agreeing to a lowball settlement with a lawyer negotiating for you.
Slip, trip and fall accidents are common in Arizona. Each year, millions of people – especially the elderly – end up in hospitals because of slip and fall accidents. For older adults, the death rates associated with falls increased by 30% from 2007 to 2016. Slip and fall accidents can occur at work, on sidewalks, in supermarkets and right at home. It is a property owner’s responsibility to search for and repair common causes of falls.
At Gerber Injury Law, we can investigate a slip and fall accident for signs of fault. If we find that a reasonable and prudent property owner would have noticed the defect and repaired it prior to your fall accident, we may help you build a case against the property owner or landlord in question. It will be up to your side of the case – you or your lawyer – to prove liability for a personal injury from a slip and fall. The burden of proof rests with the plaintiff during tort claims in Arizona.
While you may feel that the property owner of the place where your accident happened is at fault, there are necessary factors that must be proven first. There are some instances when the owner cannot be held responsible, for instance if the fall was a cause of a normal everyday occurrence. Sometimes people may trip over drains in the ground, but they serve a function and the owner cannot be held liable. On the other hand, there is a certain level of accountability for property owners to maintain a safe environment. Determining if you have a valid case can be tricky, but our legal team is more than capable at deciphering the intricacies of slip and fall accidents.
In order for you to claim that the owner of the land, retail store or place of residence is responsible for your injuries, you have to prove one of the following:
The last option is typically the reason that is used the most in slip and fall cases, but it can be difficult to prove. It is usually up to the judge to determine if the argument is based on common sense or if the owner should not be held liable. According to the law, the owner or employee is deemed “reasonable” if they make consistent efforts to maintain their premise, keeping in line with basic safety guidelines and general upkeep. Ultimately it is up to the judge to decide if the injury was merely an accident or if it could have been easily prevented if certain measures had been taken.
Comparative fault is a common defense used against plaintiffs during slip and fall claims in Arizona. This defense asserts that the injured party was also negligent and this contributed to the slip and fall accident. Arizona’s law of pure comparative negligence states that a plaintiff’s portion of fault will not bar him or her from financial recovery. A victim who partially contributed to his or her own injuries may still recover some compensation. The amount recoverable, however, may diminish with proof of comparative fault.
In a pure comparative negligence state, a plaintiff can be any amount responsible – even 99% – for an accident and still receive compensation. The plaintiff’s assigned percentage of fault, however, will reduce the amount recovered accordingly. If the courts find you 25% at fault for your slip and fall accident, for example, you might receive 25% less of a judgment award. A lawyer from Gerber Injury Law representing you could help you combat a negligence defense and minimize your percentage of comparative fault.
If you have suffered injury because of a slip and fall accident, it can be difficult to determine liability, especially if the accident occurred on public property. However, if you can prove that a party was responsible for maintaining the walkway and keeping it clean and clear of obstruction, you may have a case. An experienced Phoenix injury attorney from Gerber Injury Law could help you build a strong case to prove such liability. Call our offices immediately if you have been in a slip and fall accident.
Only an injury lawyer with experience and skill can maximize your compensation. Our firm has handled hundreds of personal injury cases and is fully capable of taking your case to court. Schedule your free consultation with a Phoenix personal injury attorney from our firm today for helpful counsel. By reviewing your case, we could let you know exactly how we could fight for the payout you need to cover your costs.