Though it may be a surprising statistic, falls are one of the most common causes of injury across the U.S. today. Slip and fall accidents alone account for over one million emergency room visits every year, while falls in general send over eight million people to the hospital emergency room. While the incidence of falls increases with age, people of all ages and walks of life are injured in falls every year. These accidents and the injuries associated with them present a real danger, and everyone should take care to promote environments of safety and security. Sometimes, however, business and property owners fail to do so. In these cases, accidents can result, leaving victims to face serious injuries, physical and emotional recoveries, financial burdens, and more.
Slip and fall accident victims don’t have to face these consequences alone. The experienced lawyers at the Morris James Personal Injury Group represent individuals throughout Delaware who have suffered injuries in a slip and fall accident due to someone else’s carelessness. Our legal team works with every client to seek justice and pursue compensation for their injuries. While you are recovering, our team can help ease the burden by addressing your legal options to cover medical bills and other financial considerations. If you or someone you love has suffered injuries in a slip and fall accident, we may be able to help. Call our office nearest you or take a moment to fill out our online contact form. You will hear back from one of our skilled lawyers who can help you learn more about your rights and schedule a free, no-obligation consultation.
What Is a Slip and Fall?
A slip and fall is the term that is used to describe an accident in which a person slips or trips and falls on someone else’s property and is injured. Slip and fall cases typically fall under the umbrella of cases known as premises liability. Premises liability cases involve injuries that occur on someone’s property. These cases can stem from incidents at private homes, places of business, public property, or a combination of these, such as an apartment complex. When a property owner fails to maintain his property and that failure leads to an accident, the property owner may have been negligent and in most cases, can be held responsible.
Common Causes of Slip and Fall Accidents
Slip and fall accidents are caused by a variety of reasons. They can occur as the result of weather conditions, property disrepair, poor lighting, flooring changes, moisture, poor building design, and more. In general, all of these causes can be addressed with proper care. While changes in the weather can pop up quickly, such as snow or ice accumulation on a sidewalk, property owners should understand the nature of their property and what steps need to be taken to ensure the safety of everyone. Additionally, repairs to aging or damaged areas on the property should be done promptly to prevent accidents. If the property owner is unable to address a premises liability concern in a timely manner, they do have a duty to notify anyone who may visit their property of any potential danger. Even a simple sign can prevent an accident and painful injury.
Slip and Fall Injuries Can Be Serious and Have Lasting Consequences
While it may be easy to dismiss a slip and fall injury as a minor occurrence, falling can have serious and long-lasting health consequences. Common injuries associated with slip and fall accidents include:
- Broken bones.
- Head injuries.
- Shoulder injuries.
- Back injuries.
- Torn tendons or ligaments.
Some of these injuries can be difficult to resolve. Different types of head injuries, such as concussions or traumatic brain injuries, have been extensively researched, and experts agree the side effects can linger for weeks, months, or even years. Similarly, back and neck injuries can cause lasting and painful damage even with from what some would consider a soft fall. Broken bones, shoulder injuries, and soft tissue injuries can all potentially require surgery to fully repair.
Even if you aren’t sure if your injury is serious enough to pursue an injury lawsuit, call the experienced lawyers at the Morris James Personal Injury Group office nearest you for a free, no-obligation consultation. Victims should not have to suffer the consequences of someone else’s negligence. Your injuries, however minor they may seem, could be eligible for compensation through the legal system.
Delaware’s Comparative Negligence Rules Can Affect a Slip and Fall Claim
The state of Delaware follows the rules of comparative negligence. Essentially, comparative negligence acknowledges that a victim may be partly to blame for an accident. The courts will examine the situation to determine how much fault each party holds. If the victim is more than 50 percent responsible for the accident, he would not be allowed to pursue a legal claim. Additionally, if the victim is only partly responsible, the court would determine an appropriate percentage and any settlement would be reduced by that percentage. For example, if a person were to slip on an icy sidewalk, outside of a store, the court might determine the victim shared 10 percent of the blame. If the compensation amounted to $100,000, that settlement would be reduced by 10 percent, and the victim would receive $90,000. A skilled attorney can help victims provide a thorough and compelling case to help them obtain the maximum amount of compensation.
Types of Compensation Available to Delaware Slip and Fall Victims
Delaware law allows accident victims to pursue compensation after an injury due to someone else’s negligence. This compensation is awarded to cover the costs associated with the injury and to keep the victim living their pre-injury lifestyle. Sometimes, the injury sustained in the slip and fall accident prevents a victim from working for some time. This can lead to mounting financial pressure for the victim and their family, as the loss of income can make it more difficult to keep up with the mounting medical bills associated with the accident and the typical household bills that accrue each month.
It is possible to recover compensation for lost wages (both now and into the future), medical bills (both already accrued and into the future), lost benefits, pain and suffering, and more. Though it can be frustrating, accident victims typically must show the court why and how much of this compensation they deserve. Opposing lawyers and insurance companies for the property owner will often dispute these claims to protect their own bottom line.
Our Experienced Slip and Fall Accident Lawyers Can Help
The skilled attorneys with the Morris James Personal Injury Group understand what it takes to be successful in these cases. We have helped many Delaware citizens protect their rights and overcome the tactics of opposing counsel and insurance companies. We know what to expect and work hard to help every client prepare a comprehensive and thorough case. Often, the outcome of these injury cases can affect a family for years to come, and our legal team takes the responsibility to provide effective representation very seriously. Even if you aren’t sure if you have a case, don’t hesitate to reach out to our injury lawyers. Delaware accident victims have just two years from the date of the accident to pursue legal action. Take a moment to fill out our online contact form, or call one of our conveniently located Delaware offices today to learn more about your rights and how our lawyers may be able to help.