While the victim of a slip-and-fall accident might feel embarrassed for falling and want to blame themselves for what happened, they should stop and think about what happened. Did dangerous conditions cause this slip-and-fall accident? If so, the victim should not be held liable for being injured by a hazard that existed because of a property owner’s negligence.
Analyzing the situation and determining the appropriate next steps is a lot to ask for from someone who was just injured. Instead, they should speak with a Collierville personal injury lawyer from Gatti, Keltner, Bienvenu & Montesi PLC about the best course of action.
Commercial Property Hazards that Can Cause Tennessee Slip-and-Fall Accidents
Slip-and-fall accidents are the second leading cause of unintentional injury-related deaths, with more than 42,000 people dying from falls annually, according to the latest data available from the National Safety Council (NSC). More than 200,000 people are injured severely enough by slip-and-fall accidents that they need to take time off from work.
Slip-and-fall accidents in commercial properties happen all the time. Below are a few of the hazards that contribute to slip-and-fall accidents:
- Floors that are wet
- A poorly lit room
- Damaged or absent handrails
- Stairs, sidewalks, or parking lots that are not properly maintained
- Curbs and speed bumps that are not properly marked
- Americans with Disabilities Act violations
- Construction mistakes
A slip-and-fall lawyer in Collierville can help a victim identify the hazards that led to their slip-and-fall accident and help them build the best case possible to achieve a desirable outcome.
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What to Do After a Slip-and-Fall Accident in Tennessee
The shock and pain of a slip-and-fall accident can cause someone to forget to take the steps necessary to collect what is needed to file a successful claim. It is essential to photograph the scene where the slip-and-fall accident occurred and any injuries caused by the slip-and-fall.
It is also important not to speak with any representatives, especially those working for the commercial property’s insurance company, without first securing a slip-and-fall attorney to represent you. This is even more important if the insurance representative wants to record the conversation. Insurance companies will do whatever they can to use that conversation to disprove your claims.
So, make sure to secure a Collierville slip-and-fall attorney first. Victims should keep records of all medical bills, prescription medication receipts, doctor visits, and physical therapy needed because of the slip-and-fall accident. Your attorney can use this information to build the strongest case possible.
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The Amount of Time Tennessee Allows for Filing Slip-and-Fall Claims
The amount of time you have to file a lawsuit is known as a statute of limitations. Understanding the time you have to file a civil suit is essential because the window of justice is only open for so long.
There are a variety of factors that come into play when it comes to determining how much time you have to file a lawsuit. Despite these different lawsuit filing deadlines in Tennessee, those pertaining to the injuries suffered by a slip-and-fall accident require that the claim be submitted within one year of the accident taking place.
Suppose any personal property you owned was damaged during the slip-and-fall accident. In that case, you have more time to file a claim related explicitly to getting the property owner to replace this item. The time allotted for this kind of claim is three years. Knowing that negligence plays a significant role in determining whether you win or lose your case, enlisting the services of a personal injury attorney specializing in slip-and-fall cases is wise.
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What Comparative Negligence Is in a Slip-and-Fall Case
Perhaps, the most common defense when on the receiving end of a slip-and-fall claim is for a property owner to say that the victim is partially to blame. Why do they want to do this? So, you, the victim, receive less than you should.
A commercial property owner will try to say that the victim should have noticed the dangerous conditions or that proper signage was in place. They may try and claim that the victim was distracted and, therefore, not paying attention, which is why the slip-and-fall accident occurred. They could even argue that the person experienced a slip-and-fall accident because they were not wearing appropriate footwear.
Comparative negligence allows for a percentage of the blame to be shifted to the victim, resulting in less money. Those who do not have qualified legal counsel can quickly be taken advantage of because of comparative negligence.
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How a Slip-and-Fall Attorney in Collierville Can Help Victims
Hiring a Collierville slip-and-fall lawyer is the best decision the victim of a slip-and-fall accident can make. Tennessee laws are complex and continuously change. It can be difficult to understand how the laws can work for or, more importantly, against you.
A skilled lawyer can provide those answers and more.
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Contact Gatti, Keltner, Bienvenu & Montesi PLC for a Collierville Slip-and-Fall Lawyer
At Gatti, Keltner, Bienvenu & Montesi PLC, we offer free legal consultations to those in need of our services. We will analyze the cause of your injuries, investigate, gather compelling evidence, review economic and non-economic damages, file your claim, and file a civil lawsuit against those responsible for your injuries and damages. Contact us today so we can help you get the justice and compensation you deserve for your injuries and damages.