At Richardson Richardson Boudreaux, we understand how sensitive a slip-and-fall accident can be. Our dedicated team of lawyers can help you get the justice and compensation you deserve after a slip and fall accident.
You may wonder about the factors determining the size of your slip and fall settlement. We're here to provide clear and honest guidance throughout your personal injury case. Learn more about the average slip-and-fall lawsuit below. Then, contact us to schedule a free consultation.
Understanding Slip and Fall Injuries
Slip and fall injuries are likely to happen anywhere and can lead to serious health issues. According to the CDC, over 41,000 older individuals die from falls each year, accounting for 112 deaths each day, and more than one in four older adults report falling annually.
The impact of a fall can vary greatly, with some people recovering and others facing prolonged pain and medical treatments. You should seek medical attention immediately if you have suffered a fall.
Hazardous conditions that could have been prevented often cause slip-and-fall injuries. Property owners should maintain a safe environment for visitors. If a visitor is injured because the owner did not keep their property safe, the owner can be held responsible.
You need to prove that the property owner is at fault. This involves showing that they failed to maintain a safe environment. Get photos and witness statements to support your case. Working with a lawyer from Richardson Richardson Boudreaux can help you maximize your settlement for your slip and fall case.
Sustained Injuries In Slip and Fall Accidents
Slip and fall accidents can result in injuries, some of which can be quite serious. Here are some common injuries that may occur:
- Broken bones: Fractures are common injuries in a slip and fall case. They can occur in the wrists, arms, hips, or legs. Recovery can involve having to wear a cast and doing physical therapy.
- Head injuries: Falls can cause concussions or more severe traumatic brain injuries. Symptoms can range from headaches to memory loss and even a loss of consciousness. Long-term effects could include cognitive issues or the inability to think or rationalize to make proper decisions.
- Back and spinal cord injuries: Injuries to the back or spine can leave someone in a fragile state. Injuries to your back can lead to chronic pain and mobility issues. In very severe cases, they could result in partial or complete paralysis.
- Sprains and Strains: Ligament and tendon injuries are common in falls. These can cause serious pain and limit movement. Treatment usually involves rest, ice, and sometimes physical therapy.
- Cuts and Bruises: While often less severe, cuts and bruises can still be painful and require medical attention. Deep cuts may need stitches. Bruises can indicate injuries that are not entirely visible.
Long-Term Effects of Slip and Fall Injuries
Some injuries may never fully heal, leading to chronic pain or permanent disability. Long-term effects can impact your ability to work and perform daily activities.
Emotional trauma, such as anxiety or depression, can also result from these accidents. If you have long-term impacts from your injuries, you could ask for more compensation.
Liability Law in Oklahoma
In Oklahoma, premises liability law holds property owners accountable for injuries on their property. This includes ensuring walkways are clear and hazards are marked. Property owners should inspect their homes and fix any dangerous conditions. They must comply with these duties to avoid incurring liabilities. We can use this statute to hold them accountable if they do not keep their property safe.
Proving Negligence in Slip and Fall Cases
If you want to be able to prove your fall case, personal injury attorneys can help you with the following:
- Documenting the hazard: If you have a phone, take photos of the accident and any conditions contributing to your fall. This evidence is important for proving negligence.
- Witness statements: Collect statements from anyone who saw the accident. Their perspective could support your accounts. Witnesses can strengthen your case substantially in personal injury cases.
- Medical records: Make sure you store all medical records. Medical documentation links your injuries to the fall. This evidence is vital for proving the extent of your damages.
- Property maintenance records: Request maintenance logs from the property owner. These records can show if they were aware of the hazard. Lack of maintenance can indicate negligence.
- Expert testimony: Sometimes, experts are needed to explain complex issues. They can provide opinions on the safety of the property. Expert testimony can be great evidence to support your case.
Statute of Limitations for Slip and Fall Claims
In Oklahoma, you have a limited time to file a slip and fall claim. The statute of limitations is a maximum of two years after the incident. You must file within this timeframe to pursue compensation, so act quickly and consult an experienced personal injury attorney who can help you with any questions or concerns with the following:
- Severity of injuries: More severe injuries typically result in higher settlements. The extent of medical treatment required affects the compensation amount. Long-term or permanent injuries substantially increase the settlement value.
- Medical expenses: The cost of medical care plays a major role in settlement amounts. This includes hospital bills, medication, and rehabilitation.
- Lost wages: If your injury caused you to miss work, you could be compensated for lost wages. If you cannot return to work, you can also demand compensation for the loss of future earnings.
- Pain and suffering: Non-material damages, such as pain and suffering, are also considered. This accounts for physical pain and emotional distress. The impact on your quality of life is evaluated.
- Comparative Negligence: Your settlement can be reduced if you are found partially at fault. Oklahoma follows a comparative negligence rule. Your percentage of fault determines how much your compensation will be reduced.
Calculating Slip and Fall Settlement Amounts
Settlement calculators can provide an estimate of potential compensation. They consider medical expenses, lost wages, and pain and suffering. Although settlement calculators can be useful, they are only sometimes accurate. Each case is unique and requires a detailed evaluation. Consulting with a lawyer is the best way to determine your case's fair slip-and-fall settlement amount. The steps in this process include:
- Assessing medical costs: We calculate all medical expenses related to the injury. We include both current and future medical bills or needs. Documentation is essential for accuracy.
- Evaluating lost income: We next determine the total amount of lost wages. We include any potential future earnings affected by the injury. Financial experts may be needed for precise calculations.
- Estimating pain and suffering: Pain and suffering are harder to quantify. We consider the physical and emotional impact of the injury. Expert testimonies can help support these claims.
- Considering permanent disability: Permanent disabilities increase settlement amounts. We evaluate how the disability affects daily life and work. Long-term care costs should also be included.
- Accounting for comparative fault: Comparative fault can reduce the size of your settlement, but we fight hard to maximize the percentage of blame placed on the defendant.
Common Tactics Used by Insurance Companies to Minimize Payouts
Insurance companies will try to minimize payouts by going against claims. They may argue that the injuries are not as severe as claimed. We fight on behalf of injury victims and maximize slip-and-fall settlements. Some of the ways the insurance company might try to reduce your settlement amount include:
- Denying liability: Insurers might argue that their policyholder is not liable. They may claim the accident was due to your negligence. This can seriously reduce the settlement amount.
- Downplaying injuries: Insurance companies usually minimize the severity of your injuries. They may request multiple medical evaluations. This tactic is used to reduce the compensation amount.
- Delaying the process: Prolonging the claims process can pressure victims to settle for less. Delays can cause financial strain, making quick settlements more appealing. It's important to remain patient and persistent.
- Offering low settlements: The first settlement offer will probably be low and different from what you deserve. Insurers hope you'll accept the first offer. It's necessary to consult with a lawyer before agreeing to any settlement.
- Questioning medical treatment: Insurers may challenge the necessity of your medical treatments. They might refuse to cover certain procedures. Thorough medical documentation can counter these arguments.
- Using recorded statements against you: Insurers may ask for a recorded statement. They can use your words to minimize your claim. Always consult with a lawyer before providing any statements.
How a Personal Injury Lawyer Can Help
An attorney from Richardson Richardson Boudreaux can help you through each step of the claims process. We will help gather evidence and build a strong case. Lawyers negotiate with insurance companies to get fair settlements. We can also represent you in court if necessary. Having legal support ensures that your rights are protected.
How Long Does It Take to Settle a Slip and Fall Claim?
The time it takes to settle a slip-and-fall claim varies. Some cases settle quickly if liability is clear. Others may take longer if disputes or the case goes to trial. Negotiating with insurance and getting evidence together takes time. Patience is essential, but your lawyer will work to expedite the process.
Settlement Negotiations and Trial
Settlement negotiations involve back-and-forth discussions with the insurance company. Both parties aim to agree on a fair compensation amount. If a settlement isn't reached, the case could go to trial.
The gathered evidence is presented to a judge during the trial, and a jury decides the outcome. As experienced lawyers, we will assist and provide extra support during this time to ensure your best interests are protected.
Oklahoma Laws Regarding Slip and Fall Accidents
Oklahoma has specific laws regarding slip and fall accidents. Some of these issues include:
- Premises liability: Property owners must keep their premises safe. This includes fixing hazards and warning of potential dangers. Failure to do so can result in an accident.
- Comparative negligence: Oklahoma follows a comparative negligence rule. If you are partially at fault, your compensation is reduced by your percentage of fault. This impacts the final settlement amount.
- Statute of limitations: You must file a claim two years from the accident date. Acting within this timeframe is crucial. You must file your case by this deadline to seek compensation.
- Burden of proof: You must prove that the property owner was at fault or negligent. This requires showing that a hazard existed and caused your injuries. Gathering evidence is essential for meeting this burden.
- Damages: You can seek compensation for various damages. This includes medical expenses, lost wages, and pain and suffering. Proper documentation is necessary to prove these damages.
- Duty of care: Property owners owe a duty of care to visitors. Homeowners must take reasonable steps to prevent accidents and ensure other people's well-being. Breaching this duty can lead to liability for any resulting injuries.
Contacting Richardson Richardson Boudreaux for a Free Consultation
Contact Richardson Richardson Boudreaux for a free consultation if you have any concerns about a slip-and-fall injury. Our dedicated team is here to help you understand your rights and options for a just settlement. Reach out today, and let us support you with a free consultation to help you get through this challenging time.
