Property owners are responsible for keeping their property in a safe condition to prevent harm from befalling others. When they fail to do so, and a slip and fall accident occurs, serious injuries or even death can occur. In fact, according to the Centers for Disease Control and Prevention (CDC), over 800,000 people are hospitalized each year due to injuries sustained from falling.
If you were injured or a loved one passed away after suffering injuries on another party’s property, you may be entitled to compensation through an insurance claim or lawsuit. However, there are many challenges that can present themselves in these types of cases. For that reason, you may choose to work with a Hendersonville slip and fall accident lawyer.
At The Cochran Firm – Nashville, we may be able to help you get fair compensation for your injuries. Our goal is to hold the negligent parties accountable and get you a settlement to cover both economic and noneconomic damages. Our team operates on a contingency fee basis, meaning that we do not get paid our attorney’s fees unless we win your case. We offer a free case review to discuss the facts of your situation and explain how we may be able to help.
To get started, call us today at (615) 651-7451.
Contributing Factors in a Slip and Fall Accident
A slip and fall lawyer will determine what hazards contributed to your accident. According to information provided on the National Floor Safety Institute’s website, floors and flooring materials contribute to over 2 million fall-related injuries each year.
Any one of the following hazards could have been present in your accident:
- Torn or frayed carpeting
- Uneven stairs
- Stairwells without rails
- Poor lighting
- Unmaintained landscaping
- Exposed wires
- Debris from a natural occurrence
- Rain, ice, or snow
There may have been other contributing elements in your case. Your lawyer can investigate your situation and determine what they were.
For a free legal consultation with a slip and fall accidents lawyer serving Hendersonville, call 615-651-7451
Determining Liability for Your Accident
In order to have a successful slip and fall case, a lawyer will have to prove that another party acted negligently, and therefore, they should be responsible for your losses. Property owners have a duty of care to maintain their property in a manner that is reasonably safe to prevent injuries to others. If they notice a hazard on their property, they must either take measures to address it or warn others of the danger. If they failed to uphold this obligation, and you suffered a slip and fall accident as a result, they could be held responsible.
Some parties that could be held financially liable for your injuries include:
- The owner of a property or business
- Property managers, maintenance workers, and the companies they work for
- A government department, if you fell on state-owned or federal property
Your lawyer can manage communications with the involved parties and their insurers so that you do not have to.
Hendersonville Slip and Fall Accident Lawyer Near Me 615-651-7451
Proving Negligence in Your Case
There are four elements that go into establishing negligence and liability.
We must be able to show that:
- The liable party owed you a duty of care.
- The liable party breached this duty, whether due to action or inaction.
- The liable party caused the accident through negligence.
- As a result, you were injured and incurred various expenses.
A Hendersonville slip and fall accident lawyer will need to gather evidence to demonstrate how negligence played a role in your accident. Evidence in your case could include photos and videos of the accident scene, testimony from eyewitnesses, and the police report. They must prove that the negligent party either knew (or should have known) about a potential hazard yet did not adequately address it.
Call The Cochran Firm – Nashville today at (615) 651-7451 to discuss your potential case.
Recoverable Damages in a Successful Case
If your case is successful, you could recover the cost of various damages.
Economic damages compensate you for losses that have a monetary value.
They can include:
- Medical bills, including the cost of the ambulance and follow-up care
- Lost wages from your missed time at work
- Reduced earning capacity, if you had to take a different job due to your injuries
- Childcare expenses, if your injuries prevented you from caring for any dependent children
Noneconomic damages are recoverable losses that do not have a monetary value.
Some examples include:
- Physical pain and emotional suffering
A Hendersonville slip and fall accident lawyer can discuss with you any other damages you may be able to pursue.
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Your Case and the State’s Statute of Limitations
You do not have an unlimited amount of time to initiate certain forms of legal action. For instance, if you are a qualifying representative filing a wrongful death claim, under TN Code §28-3-104, you typically have a year from your loved one’s passing to do so. However, under the same statute, if you are filing a personal injury lawsuit, you generally have a year from the date of the accident to take your case to court.
There are many factors that could grant you additional time to act. However, for the most part, if you do not file your case within the state’s deadline, you will be unable to pursue compensation through the court system.
Call Today for a Free Consultation
If you were injured or lost a loved one in a slip and fall accident, you do not have to go through the hurdles of recovering damages alone.
A Hendersonville slip and fall accident lawyer may be able to help you by:
- Filing all the paperwork involved with your claim or lawsuit;
- Negotiating with the involved parties for a fair settlement deal;
- Gathering evidence to support your claim;
- Estimating the cost of your various losses;
- Advising you on your legal options as they become available; and
- Preparing your case for court, if necessary.
Call The Cochran Firm – Nashville today at (615) 651-7451 for a free consultation.