One common cause of injury on someone else’s property is a slip and fall accident. These accidents typically occur due to unsafe conditions. For example, you could slip on a wet floor in a restaurant and break your wrist.
If you are involved in a slip and fall accident here in Kennesaw, you could recover compensation for your injuries-related expenses. However, the process of taking legal action can be overwhelming to do on your own. Here are some ways that a Kennesaw slip and fall accident attorney with Bader Scott Injury Lawyers can ease your burden in seeking justice.
Liability in a Kennesaw Slip and Fall Accident
Generally, whoever is in charge of the Kennesaw establishment or property where the slip and fall occurred is liable for your injuries. According to Georgia’s premises legislation, GA Code § 51-3-1, property owners or legal occupiers are responsible for the safety of their invitees. The term “invitees” refers to individuals who are permitted on the property, such as customers.
For example, a retail store renting a commercial space, not the commercial space owners, is usually responsible for their customer’s safety. Therefore, they would have to address any hazards like wet floors or uneven flooring by fixing them or providing a noticeable warning to customers. Not doing so would be negligence on their part.
A Kennesaw slip and fall accident attorney can help investigate your accident to determine who to hold liable for your injuries.
For a free legal consultation with a slip and fall accidents lawyer serving Kennesaw, call (404) 888-8888
Getting Compensated in a Slip and Fall Accident
You typically have two options for taking action against the at-fault party:
- File a liability insurance claim
- File a civil slip and fall accident lawsuit
The Kennesaw slip and fall accident attorney can help gather the proof needed to secure the claim, like surveillance footage, eyewitness reports, and medical records.
If you are challenging a business, a Kennesaw slip and fall accident attorney can handle cases involving liability insurance. Liability coverage protects businesses from financial losses resulting from injuries caused by their products, personnel, or operations. You may submit a claim to their insurance company.
If your claim is unsuccessful, you may sue the responsible party. For example, the offer made by the opposing party or insurance provider may not pay for all of your expenses. With a lawsuit, an unbiased court determines the outcome of your settlement.
Kennesaw Slip and Fall Accident Lawyer Near Me (404) 888-8888
Recoverable Damages in Slip and Fall Accidents
You can receive economic and non-economic damages if the slip and fall case is successful. Economic damages refer to the financial costs of the accident, such as:
- Hospitalizations, surgeries, and other medical expenses
- Therapy costs
- Wages lost while healing from the injury
Meanwhile, non-economic damages are the more abstract costs of the slip and fall incident, which can include:
- Physical and mental pain and suffering
- Disabilities or disfigurements
- Loss of enjoyment of life
Be sure to compile all the records you have of your slip and fall-related expenses, like your medical bills. It helps in calculating your total damages more accurately.
Comparative Fault Rules Apply to Kennesaw Slip and Fall Cases
Georgia’s comparative negligence rule in GA Code § 51-12-33 states that you can only recover damages if you do not share more than half the fault for the slip and fall. And even if you do not share more liability, the amount you can recover depends on the fault percentage that still lies with you.
Consider a scenario in which a business’s personnel neglected to place a “Wet Floor” sign on a freshly mopped portion. However, the other party asserts that you were walking quickly in that spot, which increased your chances of slipping. The claims adjuster or judge then finds you to be 35 percent liable, which means you would only get to recover 65 percent of the total damages.
Our lawyers are prepared to fight back against insurers who may unfairly blame you for the incident. Slip and fall claims and cases can be intimidating, especially when you are up against businesses. But you still deserve to exercise your right to recover damages..
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Kennesaw Slip and Fall Filing Deadlines
Slip and fall accidents follow the same statute of limitations as other personal injury cases in Georgia. GA Code § 9-3-33 gives you two years to file your Kennesaw slip and fall injury case.
A few years may seem enough for filing a slip and fall case. Even so, getting started as early as possible would be the better course of action. You may have other matters that could keep you from working on it occasionally.
Tolling Exceptions Can Apply
The state typically rejects cases that miss their filing deadline, but it does toll the statute timer depending on the circumstances. For instance, let us say that your child was the slip and fall victim. GA Code § 9-3-90 states that the statute of limitations would only take effect once the child turns 18 years of age.
You can work with a Kennesaw slip and fall accident attorney to check for tolling exceptions and determine just how much time you have. We know you have other priorities to handle, so our lawyers can keep working on the case to help ensure that you comply with the statute of limitations.
Take Action For Your Slip and Fall Accident Today
Our Kennesaw slip and fall accident attorney is ready to help with the legal procedures involved in your situation. We can be your representative in private settlements or when taking matters to court.
Bader Scott Injury Lawyers has settled personal injury cases throughout Kennesaw and the rest of Georgia since 2008. We’ve worked with clients in various practice areas, including slip and falls, dog bites, and auto accidents. You can call the team at 404-888-8888 for more details on our services for a free case consultation.