Louisville Slip and Fall Injuries
Slip and fall accidents happen more often than you think. In fact, over a million people are injured in these types of accidents each year. What’s worse is that slip and falls can result in serious injuries such as broken bones, head trauma, joint damage, and death. If you have been the victim of one of these situations or someone close to you has been seriously hurt from a slip and fall accident caused by someone else’s negligence then it is imperative that you contact a Louisville slip and fall lawyer at David Bryant Law.
In Kentucky, business owners and property owners must keep their property free of hazards. These could include things that cause someone to slip and fall.
If you were injured on somebody else’s property because of a slip and fall accident, our slip and fall accident attorneys may be able to help you recover compensation. With experience investigating and representing clients, we will fight for your best interests while you recover from any injuries sustained.
Contact us for a free case evaluation today to discover what legal options you have available if you’ve been injured in a slip and fall accident in Louisville.
You have a limited time frame to file your slip and fall lawsuit. Kentucky state law gives you one year from the date of the accident to file a lawsuit. It is crucial that you get legal advice as soon as possible so that your case can be filed before it’s too late.
What is the Process of Filing a Slip and Fall Lawsuit?
Slip and fall claims begin with filing a claim with the owner of the property’s insurance company. The insurance company is obligated to investigate the claim and may offer you a cash settlement once their investigation is complete.
This process sounds simple, but there’s one problem.
Insurance companies are a business and they may try to save money by offering you a settlement amount that is much lower than you deserve.
Before speaking with the adjuster, it’s a good idea to speak with a Louisville slip and fall attorney to see what they think about your claim’s value. Attorneys can help you navigate the process, negotiate your claim on your behalf, and settle the claim for you or take your claim to trial if the insurance company will not offer you fair compensation.
The process of negotiating a settlement with an insurance company can take a long time with a lot of confusing back and forth offers. It may be weeks or years before you get a satisfying offer on the table. You should not be pressured to settle your claim too quickly or to take the first offer presented to you.
That is why it’s important to find a lawyer for your slip and fall accident. An experienced attorney will understand your needs and can negotiate on your behalf to ensure fair compensation for your lost wages, medical bills, property damage, and pain.
What’s Required to Prove Negligence in Slip and Fall Cases?
Proving that there was negligence on the property owner’s part is a crucial part of any successful slip and fall lawsuit.
In order to prove negligence for a slip and fall accident, lawyers must first identify what caused the event. To win a slip and fall lawsuit, the attorney on your side will try to prove that the conditions were not safe.
In order for your attorney to prove negligence, they will look at whether the following conditions are met:
- There was a hazard or danger on the property.
- The property owner knew, or should have known, about the dangerous condition.
- The property owner had the opportunity to fix the dangerous condition but did not fix the situation or provide a warning to visitors.
What are Dangerous Conditions?
A property is considered to have a dangerous condition when a feature of the property poses a risk of injury that can reasonably be anticipated.
Some examples of dangerous conditions that your attorney may investigate include:
- Wet, slippery, or icy surfaces
- Uneven pavement
- Broken handrails on staircases
- Uneven or improper stair height or depth
- Poor lighting conditions
- Obstacles that should have been cleared by the property owner
Common Causes of Slip and Fall Injuries
Two common property features that can be considered dangerous include staircases and sidewalks. Parking lots, escalators, and uneven or freshly mopped floors also pose a danger of slip, trips, and falls.
One of the leading causes of slip and fall lawsuits is damaged sidewalks. These include any sidewalks that are not maintained, have cracks in them, or are not properly de-iced during the winter.
Items such as improperly installed handrails can also lead to injury when a person is walking up or down a set of steps.
Kentucky Property Owners Have a Duty to Prevent Injuries to Children
Kentucky law states that property owners have a duty to make sure their property is free of hazards that might attract and injure children. This includes property features such as swimming pools, swing sets, and trampolines.
Property owners must ensure they have taken appropriate measures to prevent access and secure these features so that children do not get hurt.
Even if a child is trespassing, property owners can still be held liable for injuries suffered by children.
What Types of Compensation are Available in Slip and Fall Cases?
The amount of compensation you could receive in a slip and fall claim depends on how bad the accident was and if the person who owns the property knew about a dangerous condition but did not fix it.
Some losses you may be eligible to recover compensation for include:
- Medical bills and expenses
- Lost wages
- Pain and suffering
If a property owner acted with reckless disregard for the safety of others, punitive damages may be awarded.
These damages are meant to deter others from similar negligence in the future. Plaintiffs in Kentucky must prove that the defendant acted with “fraud, malice, or oppression” to be compensated with punitive damages so judgments of this type are not handed down often.
Contact David Bryant Law for Help with Your Slip and Fall Claim
If you’ve been injured in a slip and fall, you should consult with an attorney so they can offer their expert advice on your rights to compensation and legal options.
Attempting to negotiate with an insurance company for compensation without the help of an experienced attorney can be a frustrating process that could result in you receiving less than what is rightfully due to you.
The expert attorneys at David Bryant Law in Louisville have the experience and skills needed to help you seek compensation for pain, suffering, medical bills, time lost from work or other damages resulting from your injury.
For a free consultation to learn more about how we can help you, contact us today using the form on this page.
