Why Seek Out an Avon Slip and Fall Lawyer?
Slip and fall accidents are common grounds for personal injury claims. If you sustain injuries because of a slip and fall accident, then you ought to get compensated for the pain, medical expenses, suffering, and lost wages. If you have not succeeded in getting reimbursement from the at-fault party, you need an attorney to represent your interests. The experienced Avon slip and fall attorneys at Jones Law will pursue your claim aggressively to ensure you are rightfully compensated.
What is a Slip and Fall Accident?
Slip and fall accidents fall into 3 categories:
- Trip and Fall– many people sustain injuries from trip and fall accidents on uneven ground like tree roots, sprinklers, or curbs
- Step and Fall– serious injuries can arise from falls caused by slippery ground, flaws on walking surfaces, and holes
- Stump and Fall-serious spinal injuries can arise when you run into an unexpected obstacle when walking
What Are Your Rights When You Slip and Fall on Another’s Property
In Avon, OH, if you slip then fall on another person’s property, the owner of the property will be responsible for your injuries. In such cases, you will require an experienced accident attorney to evaluate your case and confront the at-fault party or the insurance companies.
Being a law firm that specializes in slip and fall accidents, Jones Law will determine the value of your case and whether or no a lawsuit is necessary. Jones Law has a high reputation of successful evaluation of accidents that are difficult to prove. Our specialists will evaluate the amount of compensation you are entitled to.
What Theories of Liability Will We Use in Your Claim?
For another party to be held responsible for the injuries you have sustained in a slip and fall incident, Jones Law will help you prove any of the following:
- The property owner or their employee should have known there was a dangerous condition such as an uneven walking surface or a pothole. With such knowledge, the property owner or their employee should have repaired or removed the potential hazardous situation but they failed to do so. The bone of contention is whether the condition would be regarded as dangerous by a reasonable person, and whether there was enough time for the defendant to rectify the problem before the accident took place
- The property owner or their employee caused the hazardous situation leading to your accident. A good example would be leaving a dangerous obstacle lying around on a walking path. Any reasonable person would see that the obstacle would cause someone to trip and fall.
How Jones Law Will Help You Prove Negligence and Liability
In slip and fall cases, the term reasonable is likely to come up during settlement negotiations. For a person to be regarded as negligent and liable for damages in this type of incident, the property owner’s actions, or their employee’s actions, must be inconsistent with those of a reasonable person faced with the same circumstances. When determining whether a person acted reasonably, Jones Law will consider the following factors:
- Whether the dangerous condition lasted long enough for a reasonable person to have made an effort to rectify the situation
- Whether the property owner or their employee follow a policy of routine checks for potential dangers on the property, and if this is the case, whether they maintain a record or log to show what measures were taken before the accident
- Whether there was a reasonable explanation for the potential hazard and if this is the case, whether the justification was still present during the slip and fall incident
- Whether there was a way the dangerous condition could have been minimized through measures like posting a warning sign, preventing entry to the area, or taking the hazard elsewhere.
- Whether limited visibility or poor lighting contributed to the slip and fall accident
How Jones Law Can Help You Prove That You Did Not Cause the Accident
In a slip and fall case, the owner of the property or their insurance provider are likely to argue that you are partially or entirely responsible for the accident. This argument is fronted based on the legal theory of comparative fault which is codified in contributory negligence and comparative negligence laws. The laws of Ohio determine how your damage award will be affected if you are found to be partially responsible for a slip and fall accident.
In contributory negligence states, you will not be able to get any compensation if you are even slightly responsible for the accident. On the other hand, in comparative negligence states, your compensation will be reduced based on the percentage of your liability. In this case, if you are 25% responsible for the accident, you are entitled to only $75,000, out of a $100,000 damage award.
To determine if you are responsible for the accident, some of the things our lawyers will consider are:
- Whether you were engaged in an activity that distracted you to the point that you did not realize the hazard. For example texting or talking on the phone may have caused you to miss a potential danger that a reasonable person would have seen.
- Whether you had legal access to the area where the accident took place, or whether there was a legitimate justification for being in a dangerous location
- Whether you disregarded safety measures or warning signs
The legal team at Jones Law will try its best to fight against claims that you were responsible for the accident.
How Much is Your Case Worth?
The main concern of victims of slip and fall injuries is the amount they will be compensated. Insurance companies usually try to lure accident victims into accepting insignificant amounts with the hope that they will jump at the opportunity to finalize the lawsuit. Do not fall into this trap. Jones Law always strives to get its clients the most reasonable and satisfactory damage award.
Each damage claim is determined under its own merits. Claims can be distinguished based on various factors. Some of the factors we shall consider when valuing your case include:
- Pain and suffering
- The severity of your injuries
- The medical bills you have incurred in the past and present, and those that you will incur in the future
- Lost wages
Jones Law has dealt with over 15,000 cases in a span of 20 years. This makes as qualified to evaluate the nuances of your particular situation and obtain the best possible compensation for your claim.
What Steps Should I Take After being Injured in a Slip and Fall Accident?
Seek Medical Attention
Although some slip and fall accidents may be minor, internal injuries, head trauma, and broken bones are not unheard of. You should seek the services of a medical professional immediately after the accident to ensure any alarming injuries are attended to and also as evidence of the injuries sustained because of the fall.
Inspect the Scene of the Accident
In some cases, victims of slip and fall injuries may not be in a position to inspect the area where they fell. However, if you are able to, you should try and search for the cause of the fall such as spilled food, uneven concrete, ice, snow, or a loose carpet. Ensure you write an account of your accident while it is still fresh in your mind.
If there were people present during your accident, they can help make a strong case for you. Make sure you secure their names and phone numbers. Witnesses come in handy when a property owner tries to refute claims of a slip and fall incident. The witnesses will help describe the conditions of the lighting, floor, and the circumstances that led to your fall.
File a Report
If you encounter a slip and fall accident at a store or area of business, you should file an accident report or inform the supervisor. It is important to notify the concerned parties about your accident before you take any further action.
Take Photos of the Scene
If you are able to take a few photos of the accident scene, do it as this will give investigators and your lawyer an easy time when allocating blame. Photos also serve as irrefutable evidence against the claims of a property owner. It is crucial to capture the exact picture of the scene of the accident before the area is cleaned up.
Call A Lawyer
After you seek medical attention for your accident, the first thing you need to do is call your lawyer. The attorneys at Jones Law can help you with all the above steps of gathering evidence and filing a report. Furthermore, if you were partially responsible, our lawyers will help you avoid self-incrimination. The mere presence of an attorney may be enough to cause the property owner to settle without further negotiations.
In some cases, the property owner’s insurance company may approach you to get a version of your story. To avoid deviating from the series of events or contradicting yourself, you should summon our lawyers to help you with the interrogation process. Our legal team is skilled in dealing with insurance providers and will help you get the best possible deal for your case.
Contact Jones Law To Discuss Your Slip and Fall Case
At Jones Law, our lawyers are experienced and possess the skills and resources to provide you with top notch legal representation. Our goal is to ensure that our clients secure the maximum recovery to compensate for their medical costs, pain and suffering, and lost wages. We also strive to ensure that property owners live up to the required maintenance standards of their premises.
If you have been involved in a slip and fall incident in Avon or a surrounding city, do not hesitate to fight for your right to compensation. The first step in enforcing your rights is finding a trustworthy advisor to help you through the legal process of your claim. Jones Law is a trusted law firm for slip and fall cases; therefore, when you bring your case to us, you can be assured that it is in very capable hands. Allow us to prove our trustworthiness. Visit our office or book a free consultation so that we can evaluate your options together.