Injuries from a slip and fall can be devastating. You could have high medical bills and may miss time at work. Also, your injuries may be so severe that you may not be able to return to work in the same capacity as before. If your slip and fall resulted from a hazardous condition on someone else’s property, you could be entitled to compensation for your injuries, medical expenses, and other losses. A Watertown slip and fall lawyer from Turbak Law Office, P.C. understand what you are going through.
Our caring slip and fall lawyers will help ease the stress of your current situation by taking on your claim. We’ll review your case for free and discuss your options to pursue compensation from the property owner. The at-fault party and their insurer will have a team of lawyers ready to defend them against any claim you file, so you need a strong law firm fighting for you. Property owners should be held accountable for their negligence.
Don’t try to handle your claim on your own. Call our experienced Watertown slip and fall accident attorneys today at 605-886-8361 for a free consultation.
Common Causes of Slip and Fall Accidents
Slip and fall accidents can occur anywhere: inside a residence, at a sporting arena, in a public park, or outside a store. The causes of slip and fall accidents are numerous as well, but these are among the most common:
- Slippery Surfaces—Ice, rain, sleet, or liquid spills can make walking surfaces slippery and dangerous. Other floor hazards include overly waxed or polished surfaces.
- Hazardous or Uneven Surfaces—Uneven sidewalks, loose pavers, clutter in a hallway, electrical cords that aren’t fastened down, or worn or torn carpeting can also contribute to slip and fall accidents.
- Stairs and Stairwells—Faulty or no handrails, worn steps, and improperly lit stairwells are frequent locations of slip and fall accidents.
- Inadequate On the Job Training—Slip and falls can occur in dangerous job areas like construction sites, especially if the workers are not adequately trained on equipment or instructed on safety protocols on the worksite.
Types of Slip and Fall Injuries
Injuries resulting from slip and fall accidents can vary depending on many factors, like the severity of the fall and the conditions surrounding the accident. Some common injuries from slips and falls are:
- Broken bones—Any bone can be broken in a slip and fall. The most common bones broken after a slip and fall include arms, legs, feet, ankles, and wrists.
- Traumatic Brain Injuries (TBI)—A traumatic brain injury can occur when there is a violent jolt or blow to the head. Symptoms of TBI include headache, nausea, fatigue, or dizziness. Concussions are a type of TBI. Severe TBIs can alter a person’s cognition and functionality.
- Dislocated Joints—A joint dislocation occurs when the bones of a joint slip out of place because of an injury. Dislocations can tear or strain the tissues surrounding the joint. Severe dislocations can result in nerve damage and harm to the blood vessels, and surgery may be required.
- Spinal Cord—The spinal cord links your brain to nerves in your body. When a spinal cord is injured, these signals are interrupted. Damage to the spinal cord could lead to permanent damage and paralysis.
- Sprains and Strains—A sprain is when the ligaments stretch or tear, and a strain is when a muscle or tissue attached to a muscle is injured. You can treat a mild strain or sprain with ice and elevation, but more severe injuries may require surgery.
These common slip and fall injuries could result in a lengthy recovery period, during which you may miss work or have ongoing medical issues to deal with.
Whose Fault Is Your Slip and Fall Injury?
Before you determine if you can pursue a claim for compensation for your accident-related losses, you must figure out who is responsible. Determining who can be liable for a slip and fall accident can be a challenge. Often, the property owner or property manager of the location where you were injured will be liable.
Under South Dakota law, property owners have a duty to provide safe, hazard-free premises for their visitors and customers. To prove that they failed, or were “negligent,” in their duty, you must have evidence that a hazard caused you to slip and that the property owner either knew about and neglected to fix the hazard or that they should have known about the hazard but didn’t.
The next step in personal injury claim is to prove that the hazard caused your injuries. Finally, you’ll have to prove that the injuries resulted in losses that you endured. These losses can be financial or intangible. If the slip and fall wasn’t your fault, you should not be obligated to pay for your own expenses.
However, property owners and their insurers will diligently try to find ways to deny any liability for your injuries. South Dakota uses the “slight/gross” comparative negligence approach when evaluating who should pay for an injured person’s losses. Under this standard, for example, if the injured person’s actions that contributed to the injury were slight in comparison with the other party’s actions, they can still claim compensation. However, the injured party’s compensation will be reduced in proportion to their percentage of negligence.
Because they know how this law works, the property manager or insurer will try to show that you were at least partly responsible for your slip and fall accident. A seasoned Watertown personal injury lawyers knows how to counter these tactics.
Compensation For Slip and Fall Injuries
If you can prove that a property owner or other liable party caused your slip and fall injuries, you may be entitled to legal action and to compensation like:
- Medical bills, present and future
- Lost wages, present and future
- Lost future earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Property damage
The Watertown Slip and Fall Attorneys at Turbak Law Office, P.C. Answer Your Frequently Asked Questions
Understandably, you will have many questions about your slip and fall injuries. Here are common frequently asked questions that can get you started.
How long do I have to file a slip and fall claim in South Dakota?
The statute of limitations in the Mount Rushmore state allows three years from the date of the injury for an injured person to file a lawsuit against the at-fault party. There are some rare exceptions to this law. When we discuss your personal injury case, we can advise you about which deadline applies in your case.
How long will it take to get a settlement check?
How long it will take to get the compensation you deserve depends on the severity of your injuries, how long it takes you to heal, the complexity of your case, and the willingness of the insurance company to give you a fair settlement. If your case goes to trial, it will take months longer than an out-of-court settlement would.
I can’t afford an attorney. Is that a problem?
No, that is not a problem. Many of our clients do not have the money to hire a lawyer for their personal injury cases. Our firm works on a contingency basis. That means you pay no money upfront, and we only get paid if you get compensation. Our fees are an agreed-upon portion of your settlement or award. Thus, hiring a personal injury attorneys from our firm is risk-free.
What should I do if the insurance company calls me with a settlement offer?
Do not speak to them about the legal process of the case, and do not accept their offer. Refer them to your Watertown slip and fall lawyer. Insurance companies are in business to make money, and they are known to make low initial offers. They hope that the injured person will be vulnerable and uninformed and will accept it.
Should I call an ambulance even if I don’t have severe injuries?
Not necessarily. However, you should be seen by a medical professional even if you don’t think your injuries are bad. Sometimes, injuries or their symptoms do not appear right away. You may have internal injuries that you can’t see or feel at the time of the accident. Also, a medical report can connect your injuries to the accident and may help bolster your claim.
Do I really need a lawyer for my slip and fall claim?
Although the law doesn’t require that you have a Watertown slip and fall lawyer, you’d be wise to have one. Even with personal injury lawyers, though filing a claim might seem straightforward, there are laws and procedures that can complicate the process. Let our slip and fall injuries do the tough legal work while you rest and heal.
The Watertown Slip and Fall Lawyers at Turbak Law Office, P.C. Are Here To Help
Our experienced and knowledgeable slip and fall lawyer in Watertown genuinely care for our clients. We are compassionate when our team of lawyers work with our clients, and we’re aggressive when fighting for your rights. Don’t let a negligent property owner get away with being careless with your health. You have a right to pursue compensation for your injuries. Consequently, our Watertown slip and fall attorneys are here to help you.
The attorneys at Turbak Law Office, P.C. have helped hundreds of clients get back on their financial feet. Our firm offer you assistance and a free initial consultations where we can advise you about the options for your slip and fall claim. Contact us today or call 605-886-8361 to speak to a legal professional and get a free consultation.