- Personal Injury
Slip and fall accidents are no laughing matter, despite their constant use as sources of humor in films. In real life, as any Fairburn personal injury lawyer knows, they can cause painful and severe injuries. Sometimes, they may even lead to the victim’s death.
If you suffered such an accident on someone’s property, you may wonder how and to what extent you may recover economic and non-economic damages. Here is what you need to know.
Georgia Law Requires Property Owners to Keep Their Premises Safe
Slip and fall accidents are ruled by the premises liability statute. It holds property owners responsible to make and keep their premises safe for people who have a legitimate reason to be present there.
This is one of the most important elements in proving your case against a property owner. You must be either:
- An invitee – such as a guest at a hotel, a shopper in a supermarket, or a visitor to a rental property
- A licensee – a contractor performing their job or other activities that need to take place at the location – for example, a cable TV technician fixing a broken connection.
It is important to note that Georgia law does not offer any special protection to trespassers. The only obligation a property owner has towards trespassers is not to actively harm them by purposely creating unsafe conditions.
What Are the Key Elements of a Slip and Fall Accident Claim?
Just like with any other personal injury case, if you want to file a claim after a slip and fall accident in Fairburn you have the burden of proof. You must prove that:
- You had a legitimate reason to be present at the property.
- There was an unsafe or dangerous condition on the property (wet floor, icy driveway).
- The property owner knew or was reasonably expected to know of this dangerous condition and did not fix it or provide sufficient warning.
- You suffered an accident due to the unsafe conditions.
- The accident caused injuries and economic damages.
To prove all these, your Fairburn personal injury attorney will need several types of evidence, which we will present here.
Evidence Needed to Support Your Claim
The most reliable pieces of evidence that a lawyer needs to win your case are:
1. Photos and Videos of the Unsafe Condition
It is important to act quickly after a slip and fall accident and document the scene immediately. Most property owners will hurry up and remove all signs of the unsafe condition if you leave without taking photos and videos.
Even if you return a few hours later, after seeking medical attention, you are likely to find everything in good order. Thus, you will not be able to substantiate your claim that you slipped on a wet or icy surface.
2. Proof that You Notified the Property Owner of Your Accident
The first thing to do after an accident on a private or public property is to inform the owner or administrator. If your accident took place in a supermarket or mall, they will most likely give you an incident report to fill out.
Attention! In many cases, this incident report contains a waiver in fine print, stating that you give up the right to seek damages. The best option is to take the incident form with you and have a lawyer analyze it before you sign it.
If the store owner pressures you to sign the report, you should state that you want to get seen by a doctor as soon as possible and will deal with the paperwork when you are pronounced out of danger.
If the accident happens at someone’s home, record yourself on the phone as you tell the owner about the slip and fall.
3. Eyewitnesses’ Statements
Eyewitnesses are very important in any personal injury claim. As property owners and their insurers will try to minimize the accident or even deny that it happened, these unbiased statements will help you prove your case.
This is especially important if you were injured in a store, as most employees will side with their boss and refuse to provide any helpful statement, even if they saw what happened.
4. Medical Records
Even if you don’t believe you suffered any injury, you should still go to the nearest ER or hospital. The doctors will perform complete diagnostic tests and will issue a report which will contain the date and time of the examination, among other valuable details.
This is of crucial importance because insurance adjusters often try to deny claims by saying that you must have suffered your injuries elsewhere. This tactic works if you do not go immediately to the hospital, but wait several days, until you start feeling pain.
5. Any Bills and Receipt Justifying Your Damages
Your attorney will need all bills and receipts for expenses related to the slip and fall accident to calculate your economic damages. Thus, you must save every document of this kind, especially:
- Hospital bills
- Receipts for prescription drugs, treatments and therapies
- Taxi or ridesharing bills if no one was available to drive you to and from doctor’s appointments
- Pay slips to justify lost wages.
The lawyer will also add copies of these bills and receipts to your letter of demand, to justify the amount specified in there.
Contact a Skilled Fairburn Personal Injury Lawyer as Soon as Possible!
Time is of the essence in any personal injury claim. After a slip and fall accident, you should remember that you cannot minimize the potential injuries you suffered. Thus, you must seek medical attention and talk to a Fairburn personal injury lawyer at Wade Law.
We have a combined experience of over 70 years and are dedicated to helping clients win the compensation they deserve. We operate on a contingency fee basis, meaning that we get paid only after we win your case.
We also offer each new client a free case evaluation, so call us today at 770-282-1188!
