Depending on the severity of the incident, a slip and fall accident could result in serious injury and significant changes to your daily life. In addition to these damages, you could also find yourself facing many legal obstacles when trying to pursue monetary compensation.
If you have suffered losses from a tripping incident, you should seek guidance from a Stone Mountain slip and fall lawyer. Without a dedicated personal injury attorney, you could risk losing potential recovery options and may have to face legal challenges by yourself.
Because Georgia is a fault state, injured parties may file a claim with their insurance provider and the insurance company of the responsible party. Fault states also allow claimants to file civil lawsuits without having to prove that their injuries meet a serious injury threshold. A seasoned Stone Mountain slip and fall attorney could review an injured victim’s case to determine which course of legal action could maximize their compensatory award.
When seeking recovery for injuries caused by a slip and fall, one of the first steps is to send a demand letter. The demand letter sets out all of the essential facts and information about the incident, any medical treatment received to date, and the demand for compensation. If the defendant has personal injury protection insurance, their insurance company may respond to the demand letter.
Depending on how events proceed, the insurance company may try to negotiate a settlement in response to a demand letter. While attorneys typically handle settlement negotiations, the plaintiff is responsible for either accepting or denying an offer. Lawyers may not accept settlement offers without the claimant’s consent.
If settlement negotiations fail, trip and fall victims may decide to file a personal injury lawsuit. Depending on the cause of the incident, negligence is a common basis for most civil suits.
If the defendant owed a duty of care to the plaintiff, failed to act reasonably, breached their duty, and caused the plaintiff harm because of their breach, the defendant could be liable for negligence. Under the Official Code of Georgia §9-3-33, plaintiffs have two years to file their claim from the date of the accident. If an injured party decides to file a civil lawsuit, a dedicated trip and fall lawyer in Stone Mountain could help this individual submit their claim to ensure that they meet all statutory deadlines.
State officials follow a modified comparative fault system called the 50 percent bar rule to assign fault in civil cases. According to this rule, if a slip and fall plaintiff is 50 percent or more at fault for their losses, they may not be able to recover any damages.
However, if an injured claimant is responsible for 49 percent or less of the accident, the court may still award them compensation. The percentage of fault apportioned to the plaintiff, in this case, would be subtracted from the total amount of damages they would have received had they not been at fault at all.
By taking legal action you may be able to recover compensation in addition to holding the property owner accountable for their negligent behavior. A Stone Mountain slip and fall lawyer could examine your case and help reduce the stress of filing a lawsuit.
If you have a case that other lawyers may not be willing to take, our legal team could review your case. To learn how our office could help you, schedule a consultation today.