Often, when people think about personal injury claims, they picture motor vehicle accidents rather than slip-and-fall cases. We indeed handle a lot of car accident claims, but slips and falls are more common than you may realize.
Slips and falls lead to more than a million ER visits each year and are a leading cause of injury-related death in seniors older than 65. However, younger people may be more likely to experience these accidents in the workplace.
Slips and falls are a leading cause of worker’s compensation claims In fact, about 85 percent involve slipping on wet flooring. That statistic is especially impactful when you consider the wide variety of ways people can be injured at work.
Unfortunately, slip and fall injuries can be painful – fractures are a common, serious injury associated with this type of incident. A broken bone may sound simple, but it can be very expensive to treat, especially if you need surgery.
If you hit your head when you fall, you may also suffer a head injury like a concussion or traumatic brain injury (TBI). In some cases, TBIs may cause long-lasting or even permanent damage and may require multiple kinds of expensive therapies to assist the patient in their recovery.
As a result, slips and falls can leave you with expensive medical bills and possibly out of work as well, but a Tennessee slip-and-fall lawyer may be able to help. They can work with you to identify the liable party or parties – whether it’s your employer, the local grocery store, or the company that waxes your floors.
Your attorney will then file a claim with the insurance carrier for that party. In many cases, they simply negotiate with the carrier until a reasonable settlement is reached.
In a few situations, a lawyer may take the case to court to fight for their client to receive compensation. Ali Awad, the founder and managing attorney at The CEO Lawyer Personal Injury Law Firm, is experienced in handling slip and fall claims.
Known as “The CEO Lawyer,” Mr. Awad began his business with a small law firm, and he rapidly turned it into an 8-figure firm in just three short years. It was then voted the fastest-growing law firm in the United States, beating out 499 other firms in 2021.
The CEO Lawyer also takes time to check in with more than a million followers on social media.
If you or a loved one have been hurt by a slip and fall, don’t wait. Call Ali Awad for a no-obligation, free consultation of your case.
There is no charge for a consultation to learn your options. If you want to move forward, The CEO lawyer and his team work on a contingency basis.
They don’t get paid unless and until you do. There is no risk in calling (423) 777-8888 and learning more about how to seek compensation for your injuries.
What If I Slipped and Fell at a Small Business but Feel Bad About Filing a Claim?
First, you should not feel bad about seeking compensation for your injuries. You were hurt, and if it’s due to someone else’s negligence, you deserve compensation.
Second, this question usually reflects a common misconception about personal injury claims. You will likely not be suing the at-fault party directly.
This happens in a few situations, but in most cases, all we do is file a claim with the at-fault party’s insurance carrier. That local small business most likely carries liability insurance, as is typical for any company that is open to the public.
Accidents happen, and no responsible business owner wants to have to close down their business because someone was hurt on their property. They purchase liability insurance for just such a situation.
So, if you were injured at your favorite donut shop or antique store, the most likely outcome is that we will help you file a claim and then negotiate with the insurer until a fair deal is reached. In a few cases, we may have to take the case to court, but when that happens, we are suing the insurer.
There are a few rare situations where you may consider suing the business itself, but this is only after we’ve exhausted your options for recovering from the insurance company. For example, in extreme cases with astronomically high medical bills and/or a permanent disability resulting from the injuries, your damages may be higher than the insurance policy’s limit.
In this case, you can still collect up to the limit of the policy, and then we will discuss strategies for collecting further compensation.
At this point, suing the business may be an option. You do not have to do this, but we will let you know if it’s an option, and we will suggest other liable parties if we can find any.
However, these situations are rare, and most cases are resolved by dealing with an insurance company.
What Causes Slip and Fall Accidents?
Anything that can cause you to lose your footing can be a contributing factor in your slip and fall case. Some common causes include:
- Wet floors (especially if there is no sign warning you of this condition)
- Residue left over from waxing floors
- Dark or poorly lit areas that make it hard to see the floor or ground, particularly outside or with uneven flooring
- Loose gravel, dirt, or debris in a walkway
- Uneven flooring or pavement in general
- Spilled liquids like drinks, leaky roofs with no effort to collect the water, or any liquid on the floor
- Smooth surfaces made of marble or granite
- Escalators or conveyor belts
- Malfunctioning handrails
- Broken or uneven steps
- Ladders or scaffolding from construction or repair workers
What Is Comparative Negligence and How Does It Affect My Slip and Fall Claim?
An underlying theme with most of the above situations is negligence.
It’s normal for floors to degrade or pavement to age and break down; leaks and spills happen. The issue is whether or not the property manager/owner took action to address the situation and keep people safe after learning of the problem.
For example, if the donut shop manager knew a customer had spilled coffee near the door and didn’t immediately assign someone to clean it up and set out a “wet floor” sign, they may have been negligent in addressing a dangerous situation.
Comparative negligence is a legal concept used by Tennessee and many other states in personal injury claims. Essentially, the law takes into account that both parties may share fault in some accidents.
A party who is less than 50 percent at fault for an accident like a slip and fall may collect damages from a party who is more than 50 percent at fault. The damages will be diminished by the percentage the injured party is at fault.
How does this affect your claim? The insurance company may initially deny your claim by stating you were somehow at fault, even if there is evidence that their client (the property owner) was also at fault.
Or they may offer you less than your claim should be worth because they say you were partially at fault. In either situation, your attorney may negotiate with the insurer, reminding them of various evidence that their client was all or mostly at fault.
Sometimes, this helps to resolve the situation – if not, your attorney may present this evidence in court.
Here are some factors the court may consider in determining fault:
- Should the dangerous condition have been obvious to you? In many cases, the answer is no, regardless of what the insurance company claims to avoid paying you. If you have evidence, such as photographs, that there was no sign indicating a wet floor, for example, you may have a good chance of proving you weren’t at fault for this reason.
- Were efforts made to keep you and other visitors away from the dangerous condition? This goes beyond putting up a sign to physical barriers. Was an area cordoned off, behind a locked gate, or otherwise arranged to keep you out? If so, and you ignored these efforts, you will likely be assigned at least some fault and possibly most or all of the fault.
- Were you paying attention to where you were walking? This one is often difficult for the other party to prove. However, in some cases, they may present a photo or video showing that you were looking at your phone or were otherwise distracted instead of watching where you were going.
- Were you wearing appropriate footwear for the location or situation? This won’t come up in every case, but in some circumstances, the insurance company may claim you wore unsafe footwear for the occasion. For example, if, for some reason, you wore high heels to a water park, it may be hard to claim the park was entirely at fault when you slipped and fell.
Our Tennessee Slip and Fall Law Firm Will Help You Get the Compensation You Deserve
Ali Awad, The CEO Lawyer, is knowledgeable about and ready to help with your slip and fall claim. The CEO Lawyer Personal Injury Firm’s attorneys have a successful track record of over 99%, with more than twenty years of combined experience.
If you have questions or concerns about your slip and fall injury, call The CEO Lawyer and his team now at (423) 777-8888 for a no-obligation consultation. We’ll go over the details of your case and explain your options.
