Entering someone else’s property does not typically result in injury; preventable accidents happen. Slip-and-fall incidents are common on other premises, leading to severe injury and death. Suppose you suffer an injury from another person’s negligence on a residential or commercial property. In that case, you must contact a Horn Lake slip-and-fall lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC, to file a lawsuit.
You are filing a claim with the insurance company of the at-fault party, not the party directly. Keep this in mind if you are hesitant to file a claim against a friend or family member. Additionally, local grocery and retail stores have insurance policies for these incidents, so you should not be apprehensive about getting the compensation you deserve.
While slip-and-falls happen when someone drops something slippery on the floor, there are many other intricacies to proving a claim. Even if there was a liquid on the floor, you must establish how long the liquid was on the floor and whether anyone knew about the spill. You will also need to consider if the property owner offered any warning of the hazard before the accident.
The first element of slip-and-fall law is there was a dangerous condition on the premises, such as water on the floor or wires strewn across a pedestrian pathway. Additionally, it must be shown that there was a failure to protect or warn guests of the condition. Next, you will need evidence that the property owner or manager had reasonable knowledge of the dangerous condition, especially if the situation was present for a significant period of time.
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Statute of Limitations
In Mississippi, you will have three years from the slip-and-fall incident date to file a personal injury lawsuit. The statute clock starts ticking on the day of the accident and is stringent. Once the time passes, you do not have any opportunity to file a new claim.
However, the sooner you begin the legal process, the better since there are critical steps your Horn Lake slip-and-fall lawyer must take to secure your compensation. Contact Gatti, Keltner, Bienvenu & Montesi, PLC. to preserve evidence, collect medical documents, and build a case against the negligent party.
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Slip-and-fall cases in Horn Lake fall under comparative negligence, which means you can file a lawsuit even if you contributed to the accident. The outcome is slightly different because a compensation award will be reduced by the percentage of fault you carry. Since the process is complex and can harm your outcome, you must work with a Horn Lake slip-and-fall lawyer.
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Mistakes to Avoid
Victims of slip-and-fall incidents could make many mistakes that are detrimental to the overall outcome of the settlement. The most significant mistake slip-and-fall victims make is waiting too long to gather evidence at the scene or failing to preserve evidence, such as clothing worn when the slip-and-fall occurred.
Another major mistake is not obtaining medical attention immediately or at all. Victims are in a rush to return to work and move on with life, and they often ignore physical ailments. Some reasons people delay are fear, denial, and inconvenience.
Handling a claim independently without a slip-and-fall attorney in Horn Lake is one final and grave mistake. You will need a lawyer specializing in premise liability, which is helpful if they also have experience with the specific property or insurance company. Working with the insurance company and not having legal guidance is a massive pitfall because these insurance companies have legal counsel they will employ to fight against your lawsuit.
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The Timeline of a Slip-and-Fall Claim
While there is a statute of limitations for slip-and-fall cases, there are also other dates for these cases. In most instances, it will take three to six months from the moment a Horn Lake slip-and-fall lawyer takes your case, contingent on the willingness of the insurance adjuster to resolve the incident and the fairness of their assessment.
If the insurance adjuster is unwilling to treat your case fairly, the times will become much longer. Typically, contentious issues will see a 6 to 18-month timeframe to resolve. In severe cases, however, the timeline will expand to 24 or 36 months. These are general timeframes, so please speak to your attorney when working to understand how long your claim will take.
Having proper legal guidance will help you get through the process. You need a Horn Lake slip-and-fall attorney who will communicate with you every step of the way.
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Causes of Slip-and-Fall Accidents
Commercial properties have many potential hazards, and property managers and staff must take action to prevent and warn of these hazards. Common causes include ice or water on the floor, fallen objects, uneven or broken sidewalks, and poor lighting. Other examples include:
- Broken handrails
- Inadequate security
- Lack of handicap accessibility
- Torn carpet
- Pothole in the parking lot
While a slip-and-fall causes severe injury to anyone, the elderly are at a higher risk of permanent injuries. Every year there are eight million emergency visits from slip-and-fall accidents.
Property owners have a duty to everyone who enters the property to ensure they are safe from dangerous conditions or provide a warning of the condition. These parties are liable for an injury or death from a hazardous condition. Premises liability cases require you to prove the following:
- There was a hazard on the property that caused you harm
- The injury was not due to your actions or careless actions
- The owner had a reasonable time or knowledge of the incident
- The owner did not remedy the situation or block it off
You will need substantial evidence to prove your claim, and a lawyer will send a letter of evidence preservation to ensure videos and pictures do not disappear.
Call a Slip-and-Fall Lawyer in Horn Lake
Slip-and-fall victims in Horn Lake can recover compensation for medical expenses, lost wages, and pain and suffering. A Horn Lake slip-and-fall injury can happen at a person’s home, grocery store, restaurants, bars, casinos, malls, and other retail stores. Do not make a recorded statement to the insurance adjuster or the property manager since this will be used to hurt your case, even if it is true.
You must speak to the Horn Lake slip-and-fall lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC, to discuss your legal options.