Slip and fall accidents are a common occurrence throughout the country, and Acworth is no exception. The National Floor Safety Institute estimates that falls account for 8 million hospital emergency room visits per year—enough to rank it as the leading cause of ER visits. Though slip and fall accidents are common, it is still difficult to know how to proceed when one happens to you. Is it my fault if I slip? How do I prove who’s at fault? And how do I pay my medical bills? You deserve to get answers. Take the time to talk to an Acworth slip and fall accident lawyer.
The slip and fall accident lawyers of John Foy & Associates have over 20 years’ experience helping clients get results. We are hardworking, knowledgeable lawyers who will fight tirelessly to get you and your loved ones the financial reward you deserve. From negotiating with insurance companies to proving your claim in court, our team has a proven track record of success. Let us give you a FREE consultation. Fill out the form to the right or call 404-400-4000 for your free consultation.
Can I sue for a slip and fall injury?
The short answer is yes, you can often sue for a slip and fall accident. When someone slips falls, it might be because there was some obstacle or hazard that should not have been present. If this is the case, then the property owner or business could be liable for the injury. This means you could potentially have a financial award paid out to you. However, whether you can sue (or need to) will be contingent on two main factors:
- How the accident happened and whose fault the accident was; and
- Whether it’s possible to get the money you are owed you from the property owner’s insurance company without proceeding to a lawsuit.
In other words, many slip and falls can be resolved by simply having your lawyer negotiate directly with the insurance company. Your lawyer will bring evidence to show how the county court would most likely handle the case, and prove how much the damages are. The insurance company may then agree to pay your claim with no lawsuit needed.
The best way to find out if you have a valid claim is to sit down with a personal injury lawyer for a free consultation. During this consultation, your lawyer will gather facts and help you get an idea of how strong your claim is.
What is the process for filing a slip and fall claim in Acworth?
Once you’ve discussed the basics of your case with an attorney, they can work on moving the process forward and actually filing a claim. In most cases, the process will follow four basic steps:
- Investigation. A good lawyer will have their own investigative team which can speak to witnesses, examine camera footage, and pull any records available about the maintenance of the property where you fell.
- Filing the claim. The lawyer will then file a claim with the insurance company of the business or property owner. The lawyer most likely will not file a lawsuit at this stage.
- Negotiation. The lawyer will negotiate with the insurance company to get you the maximum financial reward.
- Court. If this does not work, then the lawyer may file a lawsuit. Most slip and fall cases never actually go to trial, but a lawsuit may be filed even if both parties are still hoping to settle.
I fell while I was trespassing or somewhere I shouldn’t have been. Can I still sue?
The state of Georgia says that people who own or manage a property have to keep it safe for the people who frequent it. When a slip and fall accident occurs on the property, how much the owner or business is at fault depends on the type of visitor. For example:
- If the person who has the accident is someone expected to be there, such as an employee at his or her place of work or a customer at a store, the property owner is very likely to be liable, depending on the type of hazard that caused the fall.
- If the victim is someone typically not expected to be at the accident location—such as children who wandered into an area, or people trespassing on abandoned property—then the case may be different. The property owner may still be liable, but there’s more to prove. For example, was the hazard obviously unsafe even for expected guests? How clearly was the area marked as off-limits? Was there anything to prevent children from playing there (such as a tall fence around a pool)?
Don’t write off your claim just because you didn’t have permission to be in the area. Many victims have successfully recovered money in the same situation you’re in now.
What do I need to prove to win a slip and fall accident case?
In order to successfully hold an owner or business liable for your slip and fall accidents, lawyers typically must prove the following:
1. Aware of the hazard.
The property owner or business was ware of, or should have been aware, that there was a hazard that could potentially cause an accident. If this is the case, they had a duty to remove the hazard before anyone got hurt but they failed to do so. An example of a hazard could include an uneven walking surface or pothole. A key focus of the argument will be whether a reasonable person would classify the hazard as dangerous and if the owner or business had plenty of time to remove the hazard.
2. Hazard not clearly marked.
People are expected to avoid obvious hazards and take basic steps to protect themselves. So, your lawyer will most likely need to prove that you had no way of knowing about the hazard in question, or that it was not well-marked or obvious.
A good slip and fall accident lawyer will know exactly what to prove and how to prove it—but you need to act as quickly as possible. After a fall, businesses will work to remove hazards and dispose of evidence. The sooner your start the claims process, the more likely you will be able to get the money you deserve.
Talk to an Acworth Slip and Fall Accident Lawyer for Free
Trying to prove that a property owner or business is at fault for your fall can sometimes feel like you’re David fighting Goliath. A good attorney can even the odds. At John Foy & Associates, we have two decades of experience fighting and winning slip and fall claims—and we work exclusively for the victims. Let us give you a FREE consultation. Fill out the form to the right or call 404-400-4000 for a free consultation.