A slip and fall accident can result in minor or devastating injuries. It can occur in different settings, from a construction site to a shopping center. If a slip and fall accident has caused you pain or forced you to stop going to work, you need to determine who is liable for the accident and what your rights are.
When Workers’ Compensation Applies
If your slip and fall accident occurs in your workplace, you will be covered by your employer’s workers’ compensation insurance. With your entitlement to this insurance, you cannot pursue any further claim against your employer. But, if your accident was caused by a negligent third-party, you may have grounds to pursue a premise liability claim. A reliable slip and fall attorney atlanta can assess your case to determine who should be held liable.
In general, there are two kinds of liability in your case. First is negligence which applies when someone has neglected to notice and rectify a possible hazard like broken tiles, uneven sidewalk, or worn carpet. You need to prove that the liable party had adequate time to deal with the issue. Another type of liability is carelessness, which applies when the liable party caused the hazard. A good example is when the party left something that could cause a slip and fall accident in a place where no one would have expected to find the hazard.
The Role Your Attorney Plays
If you retain a slip and fall attorney, then you have an expert on your side who can negotiate with the insurance company when liability has been accepted but the amount of compensation offered is lower than what you deserve. If the insurance company denies liability, your lawyer will investigate and prove liability and negligence in court.
Did you Contribute to the Accident?
Under Georgia’s comparative negligence laws, you can recover monetary damages as long as the court or jury finds that you were not more than 49% at-fault for the accident. This can occur when you slipped and fell in an area because you ran and failed to notice a poorly signposted wet floor. It is possible that the court will consider that your action meant you failed to notice the slippery surface. Should the court decide you are more than 50% to blame, you won’t receive any damages.
Just like any personal injury claim, the amount you can be awarded can vary based on the circumstances of your case. In general, your attorney will seek an award that can cover any medical expenses including initial and future medical costs, and loss of salary because of your injury.