If you or a family member suffered a fall accident, you may be able to bring a personal injury claim or lawsuit against the liable party and recover financial compensation. A Diamondhead slip and fall lawyer from the Morris Bart law firm can help you pursue a case for compensation.
Call (228) 357-9621 today and schedule your confidential, free case assessment.
You May Have a Premises Liability Case for Negligence
According to Mississippi premises liability laws, individuals and businesses that own property have rights and important responsibilities. Property owners must keep their premises reasonably safe for individuals who are lawfully allowed on the property.
If a property owner or property occupier allows an unsafe condition to exist on the property, and someone is injured or killed because of the unsafe condition, the property owner or occupier may be liable for damages.
They may be ordered to compensate the injured person or the family of the decedent damages that typically include medical bills, lost income, loss of earning capacity, and pain and suffering.
You may have a valid premises liability case if you:
- Were injured on someone else’s property
- You had a legal right to be on the property
- Your injuries were caused by an unsafe condition
Examples of Unsafe Conditions
Property owners and property occupiers must maintain a reasonably safe property. This includes the inside of buildings as well as the property’s walkways, parking lots, or sidewalks. Property owners should take steps to mitigate any unsafe conditions on the property. If the unsafe condition cannot be remedied, the property owner or occupier must warn property visitors so that they can avoid the hazard.
Some examples of unsafe conditions that may lead to a slip and fall or trip and fall include:
- Inadequate lighting
- Slippery floors
- Spilled liquids
- Icy or snowy walkways
- Snowmelt
- Loose electrical cords
- Debris in hallways
- Cluttered store aisles or walkways
- Cracked pavement or sidewalks
- Parking lot defects such as potholes
- Loose rugs
- Broken floor tiles
Proving that a hazard was “unreasonable” enough to justify a premises liability case may be challenging. Many slip and fall cases are founded on the foreseeability of the slip and fall or trip and fall accident. If the property owner knew about the unsafe condition or should have known about it and did nothing to fix it, they may be liable for injuries caused by the unsafe condition.
Put another way, if the average reasonable person in a similar situation would have known about the hazardous condition, the property owner may be expected to have known about the condition.
Evidence in a Slip and Fall Case
Proving that a property owner’s negligence led to your injuries is a crucial component in winning your case and recovering compensation for your damages. A Diamondhead slip and fall lawyer from the Morris Bart law firm may use many different types of evidence to demonstrate the property owner’s negligence, including:
- Video footage from surveillance cameras
- Photographs of the hazardous condition
- Incident reports
- Police reports
- Insurance information
- Financial records
- Employee and payroll records
- Maintenance records
- Statements from witnesses of the slip and fall accident
Our team may also use evidence to demonstrate the extent of your injuries and how those injuries have impacted your life, including:
- Medical records
- Statements from medical professionals
- Ripped clothing
- Other physical evidence of your injuries
For a free legal consultation with a Slip and Fall Accident lawyer serving Diamondhead, call (228) 357-9621
Damages You May Be Entitled to After a Slip and Fall Accident
The Centers for Disease Control and Prevention (CDC) reports that one out of every five falls results in a serious injury such as a fracture or brain injury. Fall-related injuries often require considerable medical care. Between medical bills and other costs, a fall injury can cause substantial financial harm.
The financial and non-financial harm your injuries caused you are called “damages” in a personal injury case. The amount of compensation you may be entitled to will directly depend on the type of damages you sustained.
Medical Expenses
You may be entitled to compensation for your medical expenses, including expenses related to:
- Ambulance transportation
- X-rays and CT scans
- Laboratory tests
- Hospitalization
- Surgery
- Specialist treatment
- Doctor visits
- Physical therapy
- Occupational therapy
- Mental health treatment
- Wound care
- Medication
- Medical devices such as a walker or wheelchair
- Out-of-pocket medical expenses
Lost Wages and Earning Capacity
If your injuries caused you to stay home from work, you may also be compensated for your lost income caused by missed work. Compensation for future missed work caused by ongoing medical care may also be recoverable. If your injuries have negatively affected your ability to do your job, you may be entitled to compensation for the impairment of your income-earning ability.
Pain and Suffering
Non-economic damages address the aspects of an injury that cannot be represented on a bill or receipt. The compensation you may be entitled to for your non-economic harm will depend on:
- The severity of your injuries
- The extent to which your injuries impact you on a daily basis
- How long it will take to recover from your injuries
- Whether your actions contributed to your slip and fall injuries
You may be entitled to compensation for your disability, disfigurement, loss of enjoyment of life, physical pain, and mental suffering.
To learn more about filing a claim or lawsuit for damages after being injured in a slip and fall accident, call the Morris Bart law firm at (228) 357-9621. Schedule your free case evaluation today.
The Statute of Limitations in Mississippi
There are time restrictions on most legal actions. In Mississippi, personal injury cases and premises liability cases are subject to a three-year statute of limitations, per Mississippi Code Ann. §15-1-49. If you do not file a legal action within three years of your injury, the court may refuse to hear your case.
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Contact Morris Bart, LTD for a Free Consultation
If you or a loved one suffered a fall accident on someone else’s property, you may be entitled to financial compensation. You could be compensated for your medical bills, lost income from missed work, pain and suffering, and more. Speak with a Diamondhead slip and fall lawyer from the Morris Bart law firm at (228) 357-9621 to schedule your free case assessment with an attorney from one of our 16 convenient locations.
Questions?Call (228) 357-9621
to find a Morris Bart office near you.