If you’re wondering whether you have a slip and fall claim, you could start a free case review with Whitley Law Firm. A team member can listen to the details of your situation and then evaluate your options for recovering compensation for your serious or catastrophic injuries. During this no-obligation conversation, you can also ask other questions about your case, including what damages you could seek.
Time is of the essence in slip and fall claims for many reasons, primarily the state’s statute of limitations. You don’t want to miss your case’s filing window because, even if you have a slip and fall claim, missing the deadline would invalidate your lawsuit.
You Could Have a Slip and Fall Claim
We must consider several factors when evaluating whether you have a valid catastrophic injury case. One of those factors is negligence. If another party’s negligence led to your slip and fall accident, you could hold them liable through a claim or lawsuit. Negligence involves these four factors:
- Duty of care. The property owner or manager had an obligation to keep the premises reasonably safe for invited guests. For instance, store managers must keep their properties free of unreasonable hazards.
- Breach of duty. The property owner failed in their obligation to keep their premises safe. We must prove that they knew (or should’ve known) about the hazard that hurt you.
- Causation. The hazard on the other party’s property led to your slip and fall.
- Damages. You have serious injury-related expenses, including high medical bills and lost wages.
If these four factors are apparent in your case, you could compel damages from the liable party.
Our Team May Ask These Questions During Your Free Case Review
We must learn key information about your fall when evaluating whether you have a personal injury case. To better understand your situation, we may ask:
- How long ago did your fall happen?
- Did you already file a claim?
- Has the at-fault party reached out to you?
- What medical care did you require?
- What injuries did you suffer?
- What happened before, during, and after the incident?
- Did you file an accident report?
- Has the insurance company already offered compensation?
It’s okay not to know the answers to all of these questions. We only ask that you answer openly and honestly, so we can accurately assess your potential case.
These Conditions Could Warrant Compensation for Your Losses
A big part of your case involves showing that if not for a hazardous condition on another party’s property, you wouldn’t have slipped, fallen, and suffered severe injuries. Hazardous conditions can include:
- Wet or slippery surfaces
- Uneven or poorly maintained walkways
- Inadequate lighting
- A lack of warning signs or safety barriers
- Weather conditions, such as snow or ice
- Improperly designed or constructed stairs, escalators, or elevators
- Loose flooring, mats, or rugs
- Poorly maintained properties
- Broken handrails
- Debris or obstacles in walkways
If your circumstances are not listed, don’t worry. If you believe someone else caused the accident through negligence, you have the right to explore your options with our law firm.
You Could Recover These Losses Through a Slip and Fall Claim
Compensation is intended to provide financial relief to injured people and their families. As such, depending on your situation, you could recover:
- Medical bills
- Ongoing treatment and rehabilitation costs
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Loss of future earning capacity
- Out-of-pocket expenses
The severity of your condition, the cause of your fall, and other factors will play a role in what damages you can recover. Many slip and fall claimants resolve their cases through insurance negotiations. Yet, if the insurer refuses to settle, you may have to file a lawsuit to secure what you need.
You Have a Limited Time to Pursue a Slip and Fall Lawsuit
You could have the strongest slip and fall case the world has ever seen. Yet, none of that matters if you don’t act within the state’s civil statute of limitations. G.S. § 1-52 sets the statutory deadline for civil lawsuits at three years. This means, if your slip and fall accident happened more than three years ago, and you didn’t file a lawsuit, you couldn’t seek damages via that avenue.
If you think you have a slip and fall claim, prompt legal action benefits your situation. The statute of limitations is just one time-sensitive aspect of seeking damages.
A Lawyer Can Combat the Obstacles That Arise in Slip and Fall Claims
In the aftermath of a serious or catastrophic injury, you shouldn’t have to navigate the claims process on your own. Rather, you deserve to have an advocate who cares–-really cares––about the outcome of your case. Whitley Law Firm can combat these obstacles as they arise:
- The insurer offers a low initial settlement. We can present additional supporting evidence and continue negotiating.
- The liable party blames you for what happened. North Carolina is a pure contributory negligence state, meaning that even if you’re partially responsible for the slip and fall, you would be ineligible to seek damages. Our team combats unfair allegations of fault using evidence.
- You don’t have evidence to support your case. Your lawyers are more than advocates; they’re also investigators. They can evaluate the details of your slip and fall, then use evidence to present the strongest possible case to the insurer.
Contact Whitley Law Firm for a Free Consultation
At Whitley Law Firm, we’ve helped severely injured people get the compensation they deserve for almost five decades. In that time, we’ve learned that insurers often prioritize making a profit over claimants’ needs.
You are more than another injured slip and fall claimant. Your health and well-being are important to us, and we always put your needs first. Our reputation for hard work and exceptional legal representation sets us apart from other firms and drives results.
To learn whether you have a slip and fall claim, connect with our team by calling (919) 785-5000.