Accident victims are often discussed in the context of a car accident or other vehicular crash. While car accidents are unfortunate and have dire consequences, they do not represent the only kind of unfortunate injury incident.
A slip and fall accident can cause unbelievable harm. Injuries are often mild, but some victims end up with serious injuries that require a well-strategized and long-term course of treatment. Unfortunately, there's currently a skewed view of these accidents, which leads responsible parties to behave as if they have done nothing wrong.
As simple as they may appear, slip and fall injuries can lead to brain injuries, spinal cord damage, fractures/broken bones, internal bleeding, etc. Depending on the circumstances, there may even be grounds for a wrongful death claim from family members of a deceased person if the result was fatal.
Contact Tom Fowler Law at (515) 203-8434 to schedule a free consultation with one of the most competent Clive personal injury lawyers available.
What Does a Personal Injury Lawyer Need to Prove in a Slip and Fall Accident Case?
First, it's essential to understand what the Occupier's Liability Act says about the matter. It dictates that property owners are expected to effect the necessary maintenance to prevent slip and fall accidents from taking place.
Should a person on the premises suffer an injury from such an incident because of maintenance neglect, the property owner is liable to provide full compensation to the victim.
From this, there are two objectives that slip and fall attorneys have here:
Establishing that the other party is the owner of the property and is accountable for its maintenance
Creating a link between the owner's negligence and the accident that caused the victim to be injured
Provided these two requirements can be met, then it becomes more likely that you will be awarded fair compensation. There's no need for you to get hurt because of someone else's negligence.
What Makes These Kinds of Personal Injuries Hard to Prove?
Slip and fall lawyers are well aware of the fact that these kinds of personal injury cases are on the difficult side where proof is concerned. The previous section alluded to what Iowa laws have to say about maintenance and liability via responsibility.
However, you must remember that Iowa is a comparative fault state. Whether you're in Clive, Des Moines, West Des Moines, Cedar Rapids, Council Bluffs, or other locations in the state, negligence on your part can lessen or eliminate the chances of a successful outcome for your case.
When you are on someone's property, you are expected to remain cognizant of your surroundings. Should your awareness waver in the slightest, the defense will try to use it against you.
For example, if you were on your cell phone when you fell, it could be said that your lack of undivided attention was the issue and not a lack of maintenance. Note that such defenses have seen success in the past. If nothing else, this reinforces why you need a qualified personal injury lawyer to represent you.
How Are Slip and Fall Damages Calculated in Personal Injury Law?
Unlike a car crash, which people think of as being highly detrimental, it is very common to underestimate the implications of a slip and fall case. This is yet another reason why a reputable law firm is a great asset for you. Lawyers offer insight, which prevents you from undervaluing your claim.
Attorneys have a masterful grasp on the elements that need to be factored into the equation, such as medical expenses. Alongside your medical bills, there are lost wages, unexpected out-of-pocket expenses, etc. under the economic category. These are damages that are objectively financially measurable.
Non-economic damages also make up a part of the settlement. Pain and suffering is an example of this, as is the loss of consortium. Personal injury law is complex and makes provisions for recovering all these kinds of damages which is why choosing the right Des Moines slip and fall law firm is so important.
What Happens if You Don't Retain a Personal Injury Attorney for Your Slip and Fall Accident Case?
As is the case with a motorcycle crash or accidents involving commercial trucks, you technically aren't mandated to hire slip and fall lawyers. However, it would be difficult for you to do for yourself what the lawyers do for their clients.
Remember that you must deal with the negligent party's insurance company, which is adept at negotiations. Such companies, as seen in other cases, also practice trapping victims with questions and statements to reduce or eliminate fair compensation as a factor altogether.
Considering that attorneys take on clients with these cases on a contingency fee basis, what do you have to lose?
How to Approach the Aftermath of a Slip and Fall Accident
Do not accept fault! You would be surprised to find out how just about anything you say can create problems for your claim. Even if you're telling the truth, do not comment on your state of wellbeing.
One of the first things you want to do is notify the property owner of the incident. If you can do this over the phone so the call is logged or via e-mail, do so.
Get medical attention to ensure there aren't any underlying issues that you may have missed as these can complications later. Next, reach out to your personal injury lawyer. Free initial consultations are offered because they represent the all-important launching point of the claim you are filing.
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Visually, slip and fall accidents appear simple. This leads to the misconception that they're not as worrisome as other accident types. However, you can be seriously injured under certain circumstances.
Iowa law establishes that property owners are responsible for maintenance and ensuring that a lack thereof does not lead to injury. However, some people are simply negligent and ignore this.
If you've had a slip and fall accident in Clive, IA, you may be entitled to compensation. However, you need the right personal injury lawyer by your side. Contact Tom Fowler Law today at (515) 203-8434.