CALL (800) 863-5312 to Speak With one of our Aurora slip and fall lawyers for free
Slip and fall accidents are perhaps the most common type of personal injury claim. Indeed, a slip and fall accident can happen anywhere, whether it be in a parking lot, at your workplace, or in a retail store. Additionally, these types of accidents often cause serious injury. In fact, the National Floor Safety Institute reports that falls account for 21.3 of hospital emergency room visits. Regardless of where the accident took place, or the severity of your injuries, Zinda Law Group’s Aurora slip and fall lawyers can assess your claim and help determine your chances of making a financial recovery.
For a free legal consultation with a slip and fall injury lawyer serving Aurora, call 800-863-5312
Steps to take immediately after a slip and fall accident
A slip and fall accident can result in severe and painful injuries, sometimes requiring special medical care and years of physical rehabilitation.
Keep in mind that what you do and say following a slip and fall accident may impact your ability to make a financial recovery. For example, after a slip and fall accident, despite being desperately hurt, you tried to be courteous and made statements downplaying your injuries. The defendant is likely to use those statements to disprove your injury claim and absolve themselves of liability. Take the following steps to put your health and legal interests first:
Slip and Fall Injury in Aurora lawyers near me 800-863-5312
Seek Medical Attention if Injured
As mentioned, seeking medical attention is the first thing that anyone should do after a slip and fall accident. Even if you are unsure of the severity of your injuries, it is important to be examined by a medical professional. In many cases, what seems like minor injuries at the time of the accident turn into chronic aches and pains that are altogether disabling. And aside from medical treatment being necessary, it is also the first step in building your case.
File a Report
After receiving medical care, you should report your slip and fall accident to the property owner or manager. Reports made immediately after the accident are usually key in establishing liability, so be aware of attempts to downplay the event by the property owner or manager. Depending on where the accident occurred, the person in charge may be ready to take your report, or, in some cases, you may have to seek that person out. Either way, make sure to get a copy of the report and retain it for purposes of bringing a personal injury claim.
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Photographs are often a key piece of evidence in proving personal injury claims. While at the scene, take as many photographs as necessary to capture the entire circumstance of the accident. Also, it is important that you act quickly, as the scene is likely to change shortly after the accident occurs. For example, in incidences involving liquids that can be dried, mopped, cleaned up, or evaporated, taking photos immediately after the incident is crucial. If a business owner removes the thing that caused your slip and fall accident, you should still take pictures of the location where the accident occurred.
Contact an Aurora Slip and Fall Accident Attorney
Insurance companies are acting in their client’s best interest, so you need someone who acts in yours. Insurance companies may quickly offer you a lower initial settlement, hoping that you’ll accept. Before accepting any settlement or even engaging in negotiations, make you’ve contacted a personal injury attorney with expertise in this area of law.
An attorney from our firm can advise you on the fairness of a settlement based on the facts we receive during your 100% free consultation. Call (800) 863-5312 to speak with an attorney from our team who can evaluate your claim and advise you on the next steps.
Common Causes of slip and Fall accidents in Aurora
According to the Center for Disease Control (CDC), most falls involve a combination of factors. Data suggests that people are more likely to fall relative to their age. However, there are some things that you can do to make your body more stable and the area around you safer. But, regardless of your age or the measures you personally take, the circumstances of the accident might be completely out of your control.
In slip and fall cases, there is typically a duty owed by the property owner to the people on their premises. Unfortunately, property owners neglect this duty often and in the following ways:
Damaged or Old Staircases
A staircase that is old and damaged creates a greater chance of falling than one that has been newly constructed. Plus, stairs present other dangers not usually present with level walkways. In most cases involving staircases, the owner is likely to allege that your own carelessness contributed to the accident. It is the job of you and your attorneys to establish that the accident and the harm caused would not have occurred, but for the premises owner’s act or omission.
Most municipalities have building codes that require handrails for staircases. Additionally, there may also be requirements for the height and width of the handrails. Based on these regulations, if an owner fails to install a handrail where required, they will likely be liable for your injuries.
In falls caused by uneven pavement, the victim often trips and falls forward causing them to brace their own body weight with their hands and wrists. Of course, bracing oneself for a fall is an instinctual reaction. Still, catching your own body weight can cause serious injuries, including broken bones.
Slip and fall accidents involving spilled liquids are often the most unexpected. Usually, the victim thinks that they have their footing, but then suddenly, they lose their traction and fall to the ground. The most unexpecting victim might be the person who slips and falls on spilled liquids indoors, as people are more likely to anticipate hazards outdoors.
Loose debris refers to miscellaneous items that clog a particular pathway. Debris includes boxes, bags, food, wires, cords, and clutter. With loose debris slip and fall accidents, even if someone is paying attention, debris on a walkway can be hazardous to them.
If you slipped and fell in Aurora and it involved one of the above-mentioned circumstances, you can call (800) 863-5312 to speak with an experienced personal injury attorney for free. Our Aurora slip and fall lawyers can help you analyze the facts of your case during a 100% free case evaluation.
Demanding compensation after a slip and fall accident
Writing a demand letter is the first real chance that you’ll have to explain your side of the accident. After filing the demand, the insurance company for the property owner will likely try to negotiate a settlement with you. For this reason, it is advisable that people wanting to file a demand letter contact an attorney first.
The slip and fall attorneys from Zinda Law Group have years of experience in filing demand letters and negotiating with insurance companies. To best position our clients before negotiation, we analyze the facts of the case and try to determine the possibility for making a financial recovery. If you would like to know which damages you may be able to recover, please call (800) 863-5312 and speak with an attorney today.
Economic v. Non-economic Damages
Damages are paid to plaintiffs who can successfully demonstrate that the defendant caused their injuries. In your slip and fall case, an attorney will work with you to determine the connection between any actions or omissions on the part of the property owner and the injuries that you suffered. If the owner’s negligence caused your accident, you could potentially receive compensation for the injuries you sustained.
Depending on the severity of your injuries and the circumstances of your accident, you could receive economic and non-economic damages. Economic damages are intended to help restore a person to their original condition. Economic damages include tangible losses incurred by the victim, including the cost of:
- Hospital bills
- Rehabilitative therapies
- Lost wages
- Medical devices
- Prescription drugs
- Home help
Whereas economic damages are easily calculated, non-economic damages are more subjective. Non-economic damages represent a victim’s pain and suffering For this reason, non-economic damages are usually awarded to victims who suffer from loss of enjoyment of life.
Victims who receive non-economic damages usually endure:
- Mental Anguish
- Physical pain
Again, the types of damages you may be able to receive depend on the circumstances of your accident. The personal injury attorneys from Zinda Law Group can help determine your chances for recovery. If you would like to discuss the possibility of recovery with an attorney, call (800) 863-5312 for a 100% free consultation.
Liability for Slip and Fall accidents
To hold a defendant liable for injuries, the plaintiff must establish several elements. Here are the elements that must be established to prove negligence:
Duty of Care
First, you must prove that the defendant owed you a duty of care. Whether the defendant owed you a duty of care at the time of your accident usually depends upon your status on the property. For example, if you had been invited onto the property, you may have been owed a higher level of care than if you were trespassing. In other words, whether you were invited onto the property, doing work on the property, or trespassing may play a role in your recovery.
Breach of Duty
After establishing the applicable standard of care you will need to show that the property owner’s conduct failed to meet the established standard of care. Here, you are trying to show that the defendant breached their duty by an act or omission resulting in unsafe conditions. For example, if the owner of the premises knows that the floor is slick and fails to tell you, you will likely be able to establish this element.
The third element of negligence is causation. Here, you are trying to prove that the defendant’s breach caused your injuries. Think about it like a chain rope; you’ll want to link the breach of care to your injuries.
Contact one of our Aurora Slip and fall lawyers today
If you’ve been involved in a slip and fall accident in Aurora, the Aurora slip and fall lawyers from Zinda Law Group can assess the viability of your claim and help you seek the compensation that you deserve. In fact, we offer 100% free case evaluations and a No Win No Fee Guarantee, which means that you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your case. If you or a loved one slipped and fell in Aurora, call Zinda Law Group at (800) 863-5312 to speak with one of our personal injury lawyers today.
Meetings with attorneys are available by appointment only.