Las Cruces Slip and Fall LawyersLast updated on: June 24, 2022
Call (800) 863-5312 To Speak With Zinda Law Group’s Las Cruces Slip and Fall Lawyers Today
Las Cruces is a wonderful city to visit. Ask any resident or frequent visitor and they will tell you about all the incredible things to do, including touring the New Mexico Farm and Ranch Heritage Museum, purchasing unique town goods at the Farmers & Crafts Market of Las Cruces, and taking in the sights and sounds while strolling through Old Mesilla Village. Unfortunately, despite all of the fun things to do in Las Cruces, the city has a high frequency of slip and fall accidents. Slip and fall accidents can occur quite suddenly at nearly any location and leave a victim in a state of intense pain and distress. When a slip and fall accident occurs, you will want to retain dependable Las Cruces slip and fall lawyers to assist with your claim.
If you or a loved one is the victim of a slip and fall injury in Las Cruces, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with a Las Cruces personal injury lawyer.
Steps to Take Immediately After a Slip and Fall Accident in Las Cruces
If you had an accident where you slipped and fell in Las Cruces, you are likely concerned with what happens next. A slip and fall accident occurs when a victim falls down as the result of an unsafe condition on the property itself. Fortunately, there are several important steps you can take to support your claim if you were involved in a slip and fall accident:
1. Seek Medical Attention if Injured
The most important thing to do after your slip and fall accident is to monitor your health. Injuries from a slip and fall accident can range from minor scrapes and aches to serious life-threatening injuries. If your injuries are severe, go to a medical facility as soon as possible. Even if you do not think that your injuries require immediate medical attention, visit a medical professional and keep them updated on any new health developments. Many accidents result in ailments that linger for weeks and sometimes for months or longer. Getting your injuries attended to by a medical professional is the best way to aid in physical recovery after an accident.
2. Report Your Injuries
After seeking medical attention, the next step is reporting your injury to a nearby manager (if the accident occurred at a place of business), a homeowner (if the accident occurred at a place of residence), or a supervisor (if the accident occurred at your place of employment). Find whomever is in control of the premises and notify them of your accident. Importantly, filing an accident report will create an actual record of your accident which can build and strengthen your claim.
3. Document the Evidence
If it is possible, document what you observe following the accident. Information you should collect includes:
- Photographs of your injuries
- Photographs of the location of your injury
- Photographs of what hazard caused your accident
- A copy of your accident report
- Security camera footage of your accident
- If the injury is due to an environmental condition, include reports demonstrating that the individual should have known about inclement weather
Additionally, keep a record of all the medical expenses incurred, including any emergency care, surgeries, evaluations, and rehabilitation services. This will be helpful for your Las Cruces attorney in determining your case’s likelihood of success on its merits and potential monetary compensation.
Read More: Premises Liability Lawyers
4. Call Las Cruces Slip and Fall Lawyers
If you have questions about your injuries or the events surrounding your accident, contact a New Mexico personal injury lawyer. A New Mexico personal injury attorney will want to hear your side of the story and review any documents you have that will strengthen your case. If the attorney agrees to represent you, the attorney will further investigate your case to uncover additional facts and determine what your claim may be worth.
Read More: How to Calculate the Value of a Case.
5. Settlement and Trial
After your attorney files a lawsuit against the responsible party or parties, they may negotiate with the insurance company of the responsible party on your behalf to obtain a favorable monetary settlement for you. If the negotiations are unsuccessful, your lawyer will bring your case to trial and pursue maximum compensation in court.
Common Reasons For Slip and Fall Injuries in Las Cruces
Slip and fall accidents can occur anywhere. However, there area few typical causes for slip and fall accidents that everyone should be aware of. Common reasons for slip and fall accidents include:
Dangerous Walking Conditions
A dangerous walking condition is any condition that increases the difficulty of an individual to safely navigate a surface while walking. Dangerous walking conditions often involve the following:
- Damaged sidewalks
- Unpaved roads
- Extreme weather conditions such as ice or snow
- Uneven surfaces
- Spilled liquids
These are a few of the most common dangerous walking conditions a pedestrian may encounter.
A hazardous condition means that there is a dangerous element of the property that creates a substantial risk of injury to anyone who uses it. Examples of hazardous conditions that may cause slip and falls include:
- Broken stairs
- Falling objects
- Unrepaired elevators
- Improperly stored dangerous chemicals
Importantly, after your slip and fall accident, contact a Las Cruces attorney who will help you determine the cause of your injury and who is responsible.
Types of Injuries in a Las Cruces Slip and Fall Accident
Here are just a few of the more common examples of injuries sustained in a slip and fall accident:
- Traumatic brain injuries
- Rib fractures
- Broken bones
As you can see, slip and fall accidents lead to a variety of injuries. At Zinda Law Group, our personal injury attorneys understand the severity of slip and fall accidents. That is why we will help you pursue maximum compensation for your injuries, pain, and suffering
Potentially Responsible Parties
Although there are numerous parties that could be responsible for your slip and fall injury, liability hinges on the existence of negligence. Under a theory of negligence, a party is liable for a victim’s injuries if the party owed the victim a duty of care, and subsequently breached the duty of care, which caused the victim’s injury. Here are a few potentially negligent parties in a slip and fall accident case:
Slip and fall injuries are very common in the workplace. In fact, the National Institute for Occupational Safety & Health (NIOSH) estimates that over 25% of total workplace injuries in 2019 were the result of slips, trips, and falls. While slip and fall injuries are not the primary cause of fatal occupational injuries, they represent the number one cause of missed days of work. Additionally, slip and fall injuries at work occur for a variety of reasons, including:
- Tools not put back where they belong
- Unclean walking surfaces
- Holes in the floor
- Improperly placed ladders
When an employee is injured on the job, they can pursue a claim against their employer for failing to maintain adequate and reasonable workplace safety conditions.
Read More: Workplace Injuries
Businesses owe a duty of care to guests, specifically, ensuring that the store’s premises will be clear of hazardous conditions and safe for customers to enter. This duty extends to employees, customers, and independent vendors. A business manager is negligent for a slip and fall that occurs at the store if the business manager did not properly maintain the property, knew or should have known about the conditions, and had the chance to remedy the problem but either waited too long or decided not to do anything at all. Consequently, if these conditions are met, the business manager behaved negligently and is likely liable for your injuries.
Read More: What is a Store’s Liability for Slip and Fall Accidents
Residential Property Owners
Residential property owners have a legal obligation to ensure that the premises are reasonably safe for visitors and that any potentially hazardous conditions are fixed or addressed. If the conditions are not fixable, a residential property owner must post a warning sign or alert people of the nearby danger.
Demanding Compensation After a Las Cruces Slip and Fall Accident
Under New Mexico law, you have the ability to pursue damages for your injuries, including any medical expenses incurred through treatment, as well as for any long-lasting trauma. Furthermore, New Mexico law grants a plaintiff the ability to potentially claim economic damages, non-economic damages, or punitive damages.
Economic damages refer to compensation for monetary losses, such as out-of-pocket medical expenses (past and future), loss of earnings, rehabilitation expenses, personal care costs, and loss of future employment. These damages are the easiest to calculate as they have an obvious dollar amount.
Non-economic damages refer to compensation for non-monetary losses such as pain and suffering, emotional distress, inconvenience, loss of enjoyment of life, and loss of companionship. Non-economic damages are harder to quantify than economic damages as they do not have an explicit dollar amount.
Unlike economic and non-economic damages, punitive damages punish the responsible party rather than making the victim “whole again.” Typically, you must meet a very high standard to obtain punitive damages. Importantly, under New Mexico law a plaintiff must demonstrate that their injury was the direct result of the defendant’s intentional malicious conduct, oppressive behavior, or act committed with a wanton and reckless disregard for the plaintiff’s safety. Accordingly, it is difficult for victims of a slip and fall accident in New Mexico to obtain punitive damages. Despite the difficult threshold, consult with your New Mexico personal injury lawyer to determine whether you should seek punitive damages.
Additionally, because New Mexico is a pure comparative negligence state, if a court determines that you have any responsibility for your accident, your compensation will be reduced by the percentage you are found at fault. For example, if you sue a defendant homeowner for $10,000 and are found 20% at fault, you will receive $8,000 in damages instead of the full $10,000. Therefore, it is important to talk with your attorney about what your potential liability may be.
Statute of Limitations
The statute of limitations is the legal time limit a party has to bring a claim for their injury or the injury of someone that the party represents. Every state has a statute of limitations. In New Mexico, the state’s civil statute of limitations for a personal injury is three years from the date of the injury.
Contact Our Zinda Law Group Las Cruces Slip and Fall Lawyers Today
Filing a personal injury claim for your slip and fall accident is a way to potentially recover medical costs, lost wages, pain and suffering, and more. The compensation you may receive from filing a personal injury claim could alleviate the financial burden you incur while recovering from your accident. At Zinda Law Group, our slip and fall attorneys have the experience and legal knowledge to properly handle your slip and fall claim.
If you or a loved one were injured in a slip and fall accident in Las Cruces, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with an experienced Arizona personal injury lawyer. You pay nothing unless we win your case. That is our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.