Arkansas Slip and Fall Accident Lawyers

Each year, millions of Americans are injured in sudden and unanticipated fall accidents. In some cases, your injury is not a case of simply assuming that accidents happen. Someone else may be to blame for your slip and fall accident injuries because they acted negligently.

What Are Common Causes of Slip and Fall Accidents?

All it takes is one impediment in your path to cause serious injuries that can remain with you for some time to come. Causes of slip and fall accidents include:

• Slippery substances that are on a walking path
• Debris that is left in your way
• Cracked or broken concrete
• Loose strings on the carpet
• Missing handrails
• Poor lighting

Who Is Liable for a Slip and Fall Accident?

You would most likely sue the property owner for your slip and fall injuries. If you were injured on private property, you may be able to file a claim against a homeowners’ insurance policy. If you were injured in a store or business, the property owner should have general liability insurance covering your injuries if they were at fault.

There are some instances in which the owner was not to blame for your injuries. Here, they have leased out the property to someone else who has functional day-to-day control over it. Then, you would sue the lessee because they are the ones who owed you the duty of care when you entered their property. You could also sue a public entity if your injuries occurred on public property, such as a sidewalk or bus stop.

Proving Negligence in a Slip and Fall Case

As the injured party who is seeking compensation in a slip and fall claim, the burden of proof falls on you to show that someone else was negligent.

There are two different ways that you can prove that a defendant should be held liable for your injuries:

• You can show that they were directly responsible for the hazard that caused your fall.
• You can prove that they knew or should have known about the harm someone else created, yet they failed to take action within a reasonable amount of time.

You need to include evidence with your claim or obtain it during the course of a lawsuit to prove negligence in your case. There may be some evidence in the hands of the responsible party that you must act quickly to preserve. For example, they could have maintenance logs or video camera footage of what happened, and you must get legal help quickly to keep that proof from disappearing.

How Much Is My Slip and Fall Case Worth?

Your compensation in a slip and fall case is dependent on several factors, including:

• The scope and extent of your physical injuries and their effect on your life.
• The amount of insurance coverage and assets the responsible party has to pay for your damages.
• How hard you fight to be fully compensated for your injuries.

You may be entitled to both the economic and non-economic damages you have sustained. Economic damages represent the actual financial cost associated with your injury, including medical bills and lost wages. Non-economic damages compensate you for the harm you have suffered as a result of your injuries, including things like emotional distress and pain and suffering. 

How Long Do I Have to File a Slip and Fall Claim in Arkansas?

In Arkansas, the statute of limitations in personal injury cases is three years from when you were injured or should have known you were injured. In some cases, you may not realize right off the bat that you have been hurt in a fall, but may learn days or weeks later when you start to experience pain. If your loved one died due to their fall injuries, you have two years to file a wrongful death claim against the responsible party.

What to Do After You Have Been Injured in a Slip and Fall

The most important thing after you have been injured in a fall is to take care of your health. You should seek immediate medical help to diagnose and treat your injuries. Otherwise, the insurance company may challenge your injuries and claim they resulted from something else. In addition, your slip and fall accident injuries can worsen if they are not promptly treated.

At the same time, you should contact an experienced slip and fall accident lawyer to represent you in the legal process. Since evidence of liability can be lost quickly, you cannot afford to delay contacting an attorney. 

Do I Need a Lawyer for a Slip and Fall Case?

Simply stated, the insurance company will never take you seriously if you approach them on your own seeking compensation for your fall injuries. They received too many claims for fall injuries, and they know that they have a built-in advantage over you if you do not have a slip and fall accident lawyer. Further, since you need practically airtight proof of liability to persuade the insurance company to pay you, it is vital that you have someone who can investigate the accident and gather evidence that could be used to prove negligence. A slip and fall accident attorney can stand up to the insurance company and fight for you to receive full financial compensation for your injuries.