When you are out and about enjoying time on another person’s property, the worst thing you can experience is a slip-and-fall accident. Besides being in an embarrassing accident, it is an accident that can create serious injuries.
Aside from cuts, bruises, and swelling, you can suffer from serious head trauma and paralysis. You can hold the property owner responsible for your injuries when you are hurt from a serious slip-and-fall accident. More than likely, the property owner’s negligence contributed in some form or fashion to your accident.
What Types of Slip-and-Fall Accidents Can I File a Lawsuit for in Memphis?
There are many slip-and-fall accidents that you can file a claim for. Slip-and-fall accidents are not just reserved for slippery floors. In addition to slippery surfaces, torn carpeting and uneven floors can contribute to slip-and-fall accidents.
Poorly maintained entrances and exits and missing handrails are also negligent conditions contributing to slip-and-fall accidents. If the premises you visited contained any of these conditions, you have the right to sue if those conditions led to your slip-and-fall accident.
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How Long Do I Have to File a Claim for a Slip-and-Fall Accident?
In Tennessee, you have a statute of limitations that you must follow when filing your lawsuit. For your slip-and-fall accident, you will have one year from the date of your accident to file a lawsuit against the property owner.
Filing your claim within the designated statute of limitations is very important. The opposing lawyer can use the fact that you filed your claim past the statute of limitations against you and make it easier to throw your claim out of court.
What Evidence Can Help Strengthen My Slip-and-Fall Claim?
In a slip-and-fall lawsuit, the property owner will hold some liability for your accident based on the property’s conditions. Because of this, you want to take as many pictures as possible of your accident and the surrounding conditions.
If possible, gathering the contact information of any witnesses can also help strengthen your claim. Seeking immediate medical attention will also help to strengthen your claim. All copies of your medical records can be used to verify your injuries’ seriousness.
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If the Slip-and-Fall Accident Occurred at Work, Will I Be Entitled to Workers’ Compensation Benefits?
It depends on a couple of factors. If your slip-and-fall accident happened at your workplace while performing work-related tasks, you could file a workers’ compensation claim.
However, if you are an independent contractor and suffer a slip-and-fall accident, you must exercise other legal options because your client does not employ you. In this instance, you can file a personal injury lawsuit or a third-party claim if you are a contractor.
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Does the Type of Property Where My Slip-and-Fall Accident Happened Matter?
Sometimes it does. For example, if your slip-and-fall accident happened in a mall or a public piece of property, it can be easy to file a lawsuit against the property owner. However, if your slip-and-fall accident happens on government property, it can become more complex.
Government agencies have what is known as sovereign immunity. Sovereign immunity is a legal protection that protects government agencies and employees from being sued.
One of the ways that sovereign immunity affects a personal injury claim with government agencies is that the statute of limitations is shorter. Instead of a year, many personal injury victims have months to file a lawsuit. Even then, it is not guaranteed that your lawsuit will be accepted.
What Damages Can I Recover from a Memphis Slip-and-Fall Accident?
From your slip-and-fall lawsuit, you can recover the following damages:
- Medical expenses: Your slip-and-fall accident can require you to pay for emergency room services, surgeries, physical therapy, and medical devices. These expenses can easily rack up to thousands of dollars.
- Lost income: Your injuries can be so severe that they can prevent you from returning to work or continuously performing your work duties. This can affect the income that you have coming in.
- Pain and suffering: Your injuries can cause you to suffer serious physical injuries or mental anguish. If your slip-and-fall accident caused you to experience back or neck pain, you are in danger of experiencing ongoing back or neck pain following your accident.
Can I Be Held Responsible for the Accident?
In Tennessee, the courts consider comparative negligence when establishing fault in a slip-and-fall accident. Comparative negligence is a legal concept that can lead to a reduction in the compensation you are owed based on the amount of responsibility you bear for your accident.
In a slip-and-fall accident, the property owner’s negligence will be reduced or outright eliminated if it is discovered that your negligence led to your accident. That is why the property owner’s lawyers will make certain arguments against you. They will insinuate that your actions contributed to your accident.
How Can I Avoid Being Held Liable for My Slip-and-Fall Accident?
One of the best ways to prevent being held liable for your accident is to seek the help of a premises liability lawyer. A premises liability lawyer is skilled in slip-and-fall accidents and knows the specific duty of care that property owners should provide to you.
For example, property owners are required to warn all visitors of their premises about all hazards. When property owners fail to issue proper warnings about hazards, that can absolve you from being held liable for your accident.
Contact a Memphis Premises Liability Lawyer Today
You deserve to feel reasonably safe regardless of whatever premises you visit. When a property owner’s negligence has caused you to experience a slip-and-fall accident, you deserve to be represented by an experienced premises liability lawyer. Call a Memphis premises liability attorney today to schedule a consultation.