Slip and fall accidents often happen when you least expect them. You might be making a quick trip to a retail store in Newnan when suddenly you’ve slipped, fallen, and become injured. Although many slip and fall victims are prone to being embarrassed or blaming themselves, we win that most people don’t fall for no reason. To determine who is liable for your injuries and how you can seek compensation, speak with a Newnan slip and fall and premises liability lawyer today.
At John Foy & Associates, we are dedicated to representing only victims. We never work for insurance companies, and we are not afraid to fight for your legal rights to compensation. Call us today and we’ll discuss your options during a FREE consultation and case evaluation. Call (404) 400-4000 or contact us online to get started with your FREE consultation.
How to Prove a Slip and Fall Case in Newnan
To have a valid slip and fall or premises liability case, you’ll need to have suffered an injury that you did not fully cause. You must also prove that:
- The property owner or business was negligent in your accident and
- The accident could not have been avoided through your own ordinary care
In Georgia, property owners and occupiers (such as businesses) have a legal duty to maintain safe premises for those who legally come onto their property. If the owner or occupier fails in this duty and it results in an injury, they can be liable for the damages.
In the same vein, injury victims have a degree of duty to exercise ordinary care. According to Georgia Code § 51-11-7, the defendant in an injury case is not entitled to recover if they “could have avoided the consequences” caused by the property owner’s or business’s negligence.
The best way to make sure you have a valid case is by contacting a Newnan slip and fall lawyer. They can examine the details of your case and help you build a strong insurance claim to demonstrate negligence.
Proving Negligence is Not Always Easy
It can be difficult to prove that the property owner was negligent in your accident. You will need to show that:
- The property owner or an employee knew about a dangerous condition and did not fix it within a reasonable amount of time OR
- Should have known about a dangerous condition but did not OR
- Failed to properly warn customers or visitors about a dangerous condition
Someone on the property (or their insurance company) might try to say that there wasn’t enough time for them to become aware of the dangerous condition and fix it. They might also try to claim that you should have been able to avoid the dangerous condition through your own reasonable care. You will need to be prepared for these defenses when you bring your slip and fall case.
A good lawyer will know how to present proper evidence so it’s clear how the property was negligent. Often times, there is more evidence of this than the property owner or business makes it seem.
What You Can Expect to Win in a Newnan Premises Liability Case
When someone is negligent in an injury accident in Newnan, they are legally liable for the damages. That means you have the right to file a premises liability claim seeking compensation for damages like the following.
Medical expenses typically make up the largest part of a premises liability claim in Newnan. You will need to consider all medical costs from the accident—including past, current, and future expenses. It’s usually best to wait until you have reached maximum medical improvement (MMI) from your treatment so you can know the full extent of your costs.
Your slip and fall lawyer can help you determine all of your medical costs from things like:
- Doctor bills
- Hospital bills
- Prescription medications
- Physical therapy
- Mental health treatment
If you were working before the accident, you can include lost wages in your claim. Lost wages refer to the time you’ve had to miss from work because of the accident. You’ll need to verify through a pay stub or tax return what you were making before versus what you would have made during the time you missed.
If your slip and fall injuries prevent you from returning to work in the same capacity, you may also be able to claim loss of earning capacity. This might require the use of an expert who can testify to support your claim, which a slip and fall lawyer can help you obtain. If you can prove loss of earning capacity, you can seek damages to help you train in a different field or receive money to account for the difference in wages.
Sometimes, your personal property becomes damaged during a slip and fall accident. If that happens, you can typically claim that property damage in your insurance claim.
Pain and Suffering
Unlike the above damages, pain and suffering damages are more complicated. They cannot be demonstrated through a clear dollar amount like medical bills and former pay stubs.
Pain and suffering can be divided into two types:
- Physical pain and suffering and
- Mental pain and suffering
Physical pain and suffering refers to the pain you experience from your actual injuries. It also covers suffering you are likely to suffer in the future resulting from the accident. Mental pain and suffering accounts for how the accident has impacted you emotionally. Examples of mental pain and suffering might include anxiety, loss of enjoyment of life, mental anguish, and fear or anger.
Pain and suffering is not easy to calculate, so you will definitely want to employ the help of an experienced slip and fall lawyer in Newnan. They’ll typically start with the total of your medical costs when figuring out what your pain and suffering damages are worth. This usually involves using a certain multiplier to determine a set number.
Talk to a Slip and Fall and Premises Liability Lawyer in Newnan for Free Today
At John Foy & Associates, we know what it takes to win slip and fall cases. Plus, we don’t charge a fee unless we win you money, so there is no risk to work with us.
Don’t end up footing the bill for a property owner’s or business’s negligence. Let us help—starting with a FREE consultation and case evaluation. Call (404) 400-4000 or contact us online to get started today.