Slip and fall cases can occur anywhere, such as stores, sidewalks, parking lots or private residences. Kansas City personal injury lawyers routinely aid people who suffer injuries with slip and fall incidents. They know how to bring claims on this type of law. They also assist clients through the entire process, from the initiation of paperwork, to fighting for your fair compensation.
Below you will learn about how Kansas City lawyers will handle slip and fall cases. You will also be provided answers to commonly asked questions concerning these types of claims.
What is a slip and fall claim?
A slip and fall cases claim is a type of personal injury action. It occurs when a person falls and is injured as a result of a hazardous and dangerous condition in the area where he or she fell. The condition may have been caused by a wet floor, a crack in the pavement, poor lighting or hidden hazards. In order to win the case, a slip and fall plaintiff must establish the property owner either failed to remedy the condition, or that the property owner failed to warn people about the dangerous conditions.
Why use a lawyer for a slip and fall case?
Many slip and fall cases are difficult to prove, since property owners often claim they are not at fault. Insurance companies will also act in a manner that attempts to compensate you as little said as possible. An attorney will gather evidence, speak with witnesses and advocate on your behalf. Kansas City attorneys know how the laws are applied locally, and more importantly they are familiar with the evidence that courts are looking for in a slip and fall claim. Familiarity with the process and court system helps Kansas City lawyers build good claims.
The steps that Kansas City lawyers take handle your case
Kansas City lawyers use a prescribed series of actions to handle slip and fall claims:
1.Step: Initial Visit
The attorney meets with you to find out how it happened. You tell them how you fell and what injuries you cases suffered. Bring photos, medical expenses and any reports. The attorney will ask you questions to find out if you have a case.
Step 2: Inquiry
Then the attorney will inquire. They will do some or all of the following:
- Go to the scene of the accident
- Take photos of the hazardous condition
- Speak to eyewitnesses who saw you fall
- Obtain any video of the fall, if it exists
- Request to see any maintenance records
This stage is critical because it will help us show [the property owner] was negligent for failing to do something.
Step 3: Proving Negligence
Negligent is when a property owner did not act with the care it was supposed to act with. To prove negligence, the attorney must show:
- There was hazardous condition and
- The property owner knew or should have known about the hazardous condition
- The property owner did nothing to fix the hazardous condition or warn you about it
- You were hurt because of it
A Kansas City attorney will work day and night to get any evidence required to give this cases proof.
Step 4: Damages
Damages are there to compensate for your losses. Your attorney will begin to look for information to calculate the damages:
– Medical bills
– Wage loss
– Pain and suffering
– Future care expenses
Your attorney will obtain any documents to show cases how you got injured and the way that the fall changed your life.
Step 5: Claim or Lawsuit
Most slip and fall lawsuits begin with a claim. Your attorney will file a claim against the property owner’s insurance company. If the insurance company will not work with you to make a fair offer, the attorney will file a lawsuit in court.
Step 6: Discussion
Most slip and fall cases resolve by discussion. The attorney walks right up to the insurance company and argues for a fair offer.Kansas City lawyers have expertise in these type of negotiations, and will not let a low-ball offer pressure you into accepting it.
7. Trial
If negotiations fail, your lawyer will take your case and file it in the court to go to trial. You and your attorney will provide evidence, they will question witnesses, and present arguments
on your behalf to the judge, or jury. Trials take time, sometimes, it is necessary to get a measure of justice.
Common Dangers That Cause Slip and Fall Accidents
There are many slip and fall accidents that happen because of unsafe conditions. These include:
- Wet floors without any posting
- Ice or snow on sidewalks
- Loose rugs or carpeting
- Broken stairs or handrails
- Insufficient lighting in hallways
- Uneven walkways
- Walking paths obstructed by stuff or clutter
Property owners need to correct these hazards, or warn guests of their presence, as liability for any related accidents will likely follow their responsibilities as property owners.
How Long Do You Have to File a Claim in Kansas City?
In Missouri, you have five years from the date of your accident to file a lawsuit. This five-year time limit is called a “statute of limitations.” When the five years is up, if you have not filed your case in court, you have lost your right to try to recover money for your injuries.
While you have time, it’s a smart practice to call a lawyer as soon as possible after an accident. The longer you wait, the more difficult it may be to gather evidence.
What If You Were Also Partly at Fault?
Sometimes, a person has a tiny bit of fault for falling. For example, they may have been looking at their phone, or wearing shoes that did not have any grip.Missouri follows the pure comparative fault rule which means you can recover, even if you were partially at fault (however, you are entitled to recover a smaller amount based on your share of fault).
For example, if you were 20% at fault for the accident and the damages were $10,000, you would be entitled to recover $8,000. A lawyer can help advocate for your fault to be as low as possible.
What are the Components of a Strong Slip and Fall Case?
There are many components that can make a slip and fall case a strong one, including:
- Good pictures of the hazardous condition
- Statements made by witnesses
- Medical records showing the relationship from the fall to your injuries
- Evidence showing the owner knew about the hazard
- You immediately report it
A Kansas City lawyer can gather these components of your claim and organize them.
How Much Does a Kansas City Slip and Fall Lawyer Cost?
Most lawyers who take these claims will do so on a contingency fee basis (you do not pay until it is over and only if we get you money). If you do not get money, they do not get anything. Typically, if there is money awarded, they get their fee deducted out of your settlement or final judgment. A contingency attorney agreement allows you to get legal process assistance without having to pay out of your pocket.
Tips to Protect Your Rights After a Slip and Fall
If you fall, take the following actions quickly:
- Get medical care. Some injuries do not show up for days.
- Report the accident to the property owner or the property manager.
- Take pictures of where you fell and what caused you to fall.
- Get names and contact information for witnesses.
- Keep your shoes and clothes in case they are needed as evidence.
- Do not talk about your accident on social media.
- Contact a Kansas City slip and fall lawyer.
Acting quickly will help protect your claim. Call an experienced Kansas City Slip And Fall Accident Lawyer right away.
FAQs Regarding Kansas City Slip and Fall Cases
1. How long will my slip and fall case take to settle?
It depends on your case. Some cases settle in months. Some take over a year, especially if your claim goes to trial. A lawyer will be able to provide you an estimate based on their understanding of the facts.
2. Can I sue for my injuries if I fell at a friend’s house?
Yes, you can sue. Your lawsuit would usually be filed as a claim against your friend’s homeowner’s insurance. You will not be suing your friend personally for their own money.
3. What happens if there was no signage near the hazardous condition?
If there was no signage to warn you about the hazardous condition that is likely to make your case stronger. Owners of property have a duty to warn guests about known hazardous conditions.
4. What kinds of injuries do people have in a slip and fall case?
Some common injuries are broken bones, sprains, back injuries, head trauma, etc. An injury can occur from even the most minor falls.
5. Do I have to prove that the owner knew about the hazardous condition?
Yes. You have to prove their knowledge or that they should have known there was a hazardous condition and failed to remedy it. This is why it is important to capture evidence.
