Accidental falls happen. However, if you fall because of someone else’s negligence, there could be potential legal consequences. Perhaps you slipped on a wet surface or tripped on uneven pavement. These falls can cause significant harm and lead to personal injury claims.
Read on to learn more about fall injuries, including potential legal claims, common injuries, and what steps you should take to protect your legal rights. Fall victims can recover compensation for their injuries, and we can help you get justice.
The Legal Definition of a Fall Injury
When you fall, you unintentionally land on the ground. It can also happen when you land on a lower level than before, like if you fall down a stair or raised surface. Falls are common occurrences but can become a legal issue depending on the circumstances.
- Unsafe conditions: Uneven surfaces, moisture, loose objects, debris, and other dangerous conditions can cause falls.
- Negligence: A property owner fails to take proper care of their premises, which can lead to accidents.
- Failure to follow safety regulations: Hazardous conditions and failure to follow proper safety protocol can pose a fall risk, especially on the job.
Falls can occur in both public and private spaces. These occurrences can lead to severe injuries, which can cause a person significant financial harm. A slip and fall lawyer can help you understand your legal options.
Common Legal Claims After a Fall
Common legal claims, including premise liability claims, workplace injury claims, or negligence lawsuits, can arise after a fall. We’ll review each in more detail below to help you understand how it may apply to you.
Premises Liability Claims
Premise liability laws apply when a person falls on someone else’s property. As a result, the property owner could be liable for the fall accident. Premise liability laws may vary between states, but you need to prove the following.
- The owner knew or should have known about the issue.
- The owner failed to address the issue promptly.
- The fall was caused by unsafe conditions and led to harm.
The property owner has a duty of care to maintain safe conditions. If they do not uphold this duty, they could be held responsible for the unsafe conditions.
Workplace Injuries and Compensation Claims
If you are injured while falling at work, you may be able to file a workers’ compensation claim. There are different types of claims you can file depending on the circumstances of your fall.
Standard fall injuries are no different than any other slip-and-fall accident. You simply did it while performing your work duties. Workplace safety violations can cause falls due to hazardous conditions, inadequate safety precautions, or improper training.
You must report your injury to your employer to seek workers’ compensation.
Negligence Lawsuits
You can sue for negligence if the fall injury resulted from someone else’s carelessness or recklessness. You can prove negligence by:
- Establishing a duty of care: The owner was responsible for keeping their premises safe.
- Determining breached duty of care: They breached duty by failing to maintain the property or fix issues.
- Linking harm to the breach of duty: Because they did not maintain safe conditions, you were harmed.
- Demonstrating damages: As a result of the accident, you faced financial losses.
You must prove they were at fault to win a negligence lawsuit for your fall. You can recover economic, pain and suffering, and punitive damages as part of your negligence case.
Common Fall-Related Injuries and Their Legal Impact
Fall accidents can cause common injuries, including fractures, head injuries, and spinal damage. The severity of your injuries can impact the type of legal claim you have and the potential compensation you may be awarded.
Bone Fractures
Broken bones are common injuries in fall accidents. They can occur when you hit your bone on a surface while falling. The impact and the position of the bone can lead to fractures.
In some cases, fall victims may need surgery. They may face long-term recovery, including physical therapy to recover from the fall. The more long-term impact these injuries can have on your life, the more compensation you could be awarded.
Head and Brain Injuries
When an individual falls, they often hit their heads. This can cause head and brain injuries on impact. The severity of these injury types is usually a critical factor in fall-related lawsuits. Common injuries include:
- Concussions: Forcefully hitting your head can cause temporary dizziness, confusion, loss of consciousness, headaches, nausea, etc.
- Traumatic brain injuries: A traumatic brain injury causes permanent or temporary damage to the brain tissues.
- Skull fracture: You can break your skull as a result of the fall, which is another type of head injury that can occur.
Head injuries can carry life-long effects, including loss of mobility, cognitive function, and more. The severity of the injuries can impact your legal outcomes.
Spinal Injuries
Spinal cord injuries can impact your mobility. They can lead to temporary or permanent paralysis, which can lead to significant medical costs and disabilities. These severe injuries can influence your legal claims and the compensation you can receive.
A spinal cord injury may require care for the rest of your life, and your settlement should cover the cost of your treatment, among other expenses.
Who is Liable When You Fall?
Liability is an important legal concept regarding your slip and fall accident. You must prove that someone or something was responsible for your fall. This can include property owners, tenants, employers, government entities, and more.
Examples of why someone may be found liable for fall accidents include:
- Negligence: They acted recklessly or without care for others’ well-being.
- Failure to maintain safe conditions: They did not fix issues or upkeep the property.
- Lack of proper signage: They did not adequately warn victims of dangerous conditions.
You must establish liability in personal injury cases.
How to Prove Negligence in a Fall Case
A personal injury lawyer can help you prove negligence in your fall claim. They will help gather evidence, including witness testimony, surveillance footage, police reports, and medical reports. They will do their best to document the unsafe conditions at the site of the fall.
Gather evidence promptly to ensure no evidence is lost. The more evidence you have, the stronger your case.
Steps to Take After a Fall for Legal Protection
You can take steps immediately after fall accidents to help protect your legal rights.
- Seek medical attention promptly: A minor fall can lead to injuries, so see a doctor. Share what happened, where you fell, and all the symptoms you feel after the fall.
- Document the scene: Take pictures and videos. Gather witness contact information. Do what you can to document where the fall accident occurred and the injuries from the fall.
- Collect evidence: Look for video footage of the slip and fall. Pull together medical records, witness statements, police reports, and more.
- Report the accident: If the accident happened at work, you often have 30 days to file a report. If it happened somewhere else, call the police to get a record of what happened. Create a paper trail.
- Contact a lawyer: A personal injury lawyer can help you receive compensation for your fall injuries.
Do not sign anything or agree to any settlement without legal representation. The liable party will often try to settle quickly, so you don’t have time to build a case against them.
Why Should You Contact a Lawyer After a Fall
Personal injury lawyers will help you navigate your legal options after fall accidents. During a free consultation, they can help:
- Assess if you have a valid legal claim
- Understand who may be held liable
- Pursue compensation for medical bills, lost wages, and other damages incurred as a result of your fall injuries
Legal representation can protect your rights as you seek justice.
Statute of Limitations for Fall Injury Claims
You have a time limit to file a claim after a fall. This is known as the statute of limitations. These limits vary by state, and you will have between 1 and 6 years to file a claim, depending on your state’s limitations. Several circumstances can impact how long you have to file.
An attorney can help you understand your state’s statute of limitations, but it’s essential to act quickly to ensure you can recover damages.
Compensation Available After a Fall
Fall victims can recover various types of compensation for their injuries. These can include medical expenses, lost income, and pain and suffering. You may also recover punitive damages to help punish the responsible party in cases of gross negligence.
Medical Expenses
Legal claims can cover various medical bills, including:
- Emergency room visits
- Ambulance rides
- Doctor’s visits
- Medication
- Physical therapy
Many of these costs are ongoing, and a personal injury lawyer can help ensure that your settlement covers all current and future medical expenses.
Lost Wages and Reduced Earning Capacity
If you cannot work following your fall, you may be able to recover compensation. This includes lost wages from missed work and any long-term impact on earning capacity. Many fall injuries can lead to disabilities or chronic conditions, and your settlement will cover compensation for the injury’s effects on your livelihood.
Pain and Suffering
Your damages aren’t always tangible. You can also recover non-economic damages for your pain and suffering. There is no universal standard for calculating pain and suffering, but they are often a multiplier of the actual damages you accrue.
These damages can be substantial in cases involving severe injuries or the long-term impact on a person’s quality of life.
How Falls in Public Places Differ Legally
Where the fall occurred may impact your claim. If the fall happened in a public place, like a store or sidewalk, it may involve different legal standards. For example, if the public sidewalk caused your fall, you must prove that the government should have been aware of the issue and promptly fixed it.
Proving liability in public places may be more complex than in private homes or workplaces. Legal representation can help navigate the intricacies of these cases and hold all responsible parties liable.
Special Considerations for Older Adults in Fall Injury Cases
Older adults may be more prone to slip-and-fall accidents, especially regarding injuries. The risk of injuring themselves or breaking bones is higher with older victims, which may result in higher compensation.
For example, slip and fall accident statistics reveal the risk of mortality increases year over year if an elderly person breaks a hip in a slip and fall. [1] They may face long-term impacts after the fall.
If an older adult falls, be sure to document the effects of the fall on the quality of life. This can also impact the settlement amount.
Settling vs. Going to Trial for a Fall Injury Case
Your legal representation understands the minimum settlement amount for your case. They recommend you go to trial for a fall injury case if you don’t get it during negotiations.
Settlements can result in quicker compensation, but they are rarely the best offer you’ll get. Trials can result in higher awards, but they take longer and can be emotionally and physically draining. As you consider your case, consider the pros and cons of settling. It may not always be in your best interest.
How a Personal Injury Attorney Can Help After a Fall
Your personal injury attorney can help you navigate the legal process to get justice. They can help with:
- Filing a claim
- Gathering evidence
- Negotiating with insurance companies
- Discussing with opposing legal teams
- Representing you in court
They represent your best interests and help you get maximum compensation for your injuries.
Secure Expert Legal Counsel!
You don’t have to accept that a fall just happens, especially if you get a severe injury following the fall. You can seek compensation for your injuries, and a personal injury lawyer can help you understand the legal implications of your fall, when to seek help, and how you can take action to protect your rights.
Contact Rosenfeld Injury Lawyers today for a free consultation to learn more. Call (888) 424-5757 or fill out our contact form to book a free consultation with a Chicago slip and fall lawyer.
References: [1] NCBI