Appleton slip & fall accident victimIf you've recently been hurt after a slip, trip or fall on another person's property, our slip and fall lawyer in Appleton, WI, can help you navigate the complex legal process associated with this type of premises liability claim. 

After all, the accident wasn't your fault. Why should you be left bearing the weight of the financial implications? You may be entitled to compensation for your medical expenses, lost wages, and pain & suffering, and our experienced injury law firm can help.

But before we dive into how our Appleton slip and fall attorney can help, let's first understand what premises liability is, and whether or not you have a valid case.

What is Premises Liability?

Premises liability is the legal theory that holds property owners responsible for injuries that occur on their property. If the property owner was negligent in maintaining the property, or if there were dangerous conditions that the property owner knew about but did not fix, the property owner may be liable for your injuries.

Examples of slip & fall injuries that may be suffered in a premises liability case include:

  • Broken bones. When you fall, you may suffer broken bones, particularly if you fall from a great height or onto a hard surface.
  • Head injuries. If you fall and hit your head, you may suffer a concussion or other serious brain injury.
  • Dental injuries. You may chip or break your teeth if you fall and hit your mouth. Dental injuries can affect your ability to speak and eat, as well as cause a great deal of pain and embarrassment.
  • Eye injuries. If you fall and hit your eye, you may suffer a detached retina or another serious injury. Some eye injuries can result in permanent vision impairment.
  • Knee injuries. If you fall and land on your knee, you may tear your ACL or MCL. This type of injury can require surgery and a long period of rehabilitation.
  • Back injuries. If you fall and land on your back, you may rupture a disc. A ruptured disc in your back can cause severe pain and may require surgery to fix.
  • Spinal cord injuries. A fall may cause you to suffer a spinal cord injury, which can lead to paralysis. This can affect your ability to work and live independently.

Do You Have a Valid Slip and Fall Claim in Appleton?

To have a valid slip and fall claim in Appleton, WI, you must be able to show that the property owner was negligent. This means that you will need to prove that the property owner knew or should have known about the dangerous condition and did not take steps to fix it.

To prove negligence under Wisconsin law, you will need to establish: 

  • Duty of care. The property owner had a duty to maintain the property in a safe condition. If you were legally on the property as a guest, whether you were dining in a restaurant, working out at a gym, shopping at your favorite store, or attending a party at a friend's home, the property owner owed you a duty of care. However, it should be noted that there is generally no duty of care involved if you were a trespasser on the property.
  • Breach of duty. The property owner breached that duty by failing to fix the dangerous condition. For example, if there was a spill in a grocery store and the employees failed to clean it up, the store breached its duty of care by failing to take reasonable steps to make the premises safe for shoppers.
  • Damages. You suffered an injury requiring medical attention. Your injury may have also led you to lose income from your place of employment.
  • Causation. Medical evidence must link your injury to the property owner’s breach of duty.

It can be difficult to prove negligence, so it is important to speak with an experienced Appleton slip and fall lawyer who can help you gather the necessary evidence. Possible types of evidence in a slip and fall claim include:

  • Medical records. Documentation of your injuries will be important in proving the extent of damages you have suffered. This is why you should always seek medical attention after a Wisconsin slip and fall accident.
  • Witness statements. If there were people who saw you fall, their statements can be used to corroborate your account of what happened.
  • Surveillance footage. If the accident occurred in a business, there might be surveillance footage that shows what happened.
  • Pictures of the scene. If you took pictures of the scene immediately after the accident, these could be used to show the dangerous condition that caused your fall.

How Much is My Slip & Fall Case Worth?

There is no standard amount of money you should receive in a slip and fall case. Every case is different, but there are certain factors that come into play. Find out what they are below:

Slip and Fall Statute of Limitations in Wisconsin

In Appleton, and throughout the state of Wisconsin, you have three years from the date of your accident to file a premises liability lawsuit. This is the same statute of limitations that applies to the majority of personal injury lawsuits within the state.

If you do not file your slip & fall lawsuit within this time period, you will likely be barred from recovery. This means you will not receive any compensation for your medical expenses, lost wages, or pain and suffering.

What Can I Do If My Slip and Fall Claim is Denied?

If your claim has been denied, our experienced slip and fall attorney in Appleton, WI, can help you navigate the legal process and fight for the compensation you deserve.

It is common for claims to be denied because the insurer blames the victim for their injuries. Your attorney can work with you to show that the property owner was negligent and that you are legally entitled to compensation. 

Even if you were partially responsible for your injuries, you may still have a valid claim. Wisconsin follows a comparative negligence rule, which means that you can still recover damages even if you are partially responsible for your accident. 

If you are found partially responsible for your accident, your damages will be reduced by your percentage of fault. For example, if you were 20% at fault, you'd receive 80% of the compensation you'd be entitled to if you bore no responsibility for the accident.

Should I Hire a Lawyer for a Slip and Fall Injury Case?

If you have been injured in a slip and fall accident, you may be wondering if you need to hire a lawyer. While you are not required to hire a lawyer, there are many benefits to doing so.

Our experienced Appleton slip and fall lawyer can help you:

  • Gather evidence. It is important to gather evidence as soon as possible after your accident. As time passes, evidence can disappear or become more difficult to obtain.
  • Document your damages. Your attorney can help ensure that you are compensated for all of your damages by properly documenting all accident-related costs.
  • File your lawsuit. If you plan to file a premises liability lawsuit, you must do so within the statute of limitations. An experienced lawyer can help you ensure your lawsuit is filed on time.

When you are dealing with serious injuries from a slip and fall, you should be focused on your health. This can be difficult to do when you are also trying to deal with the legal process. An experienced slip and fall lawyer in Appleton can take care of the legal process for you, so you can focus on healing from your injuries without any added distractions.

A lawyer can also help you navigate the insurance claims process and make sure you are getting the full amount of compensation you are entitled to. Insurance companies often make lowball offers to save money. They know that most people are not familiar with the personal injury claims process and will take the first offer they receive. An Appleton slip and fall lawyer can help you negotiate with the insurance company for the highest possible compensation. This is particularly important if your injuries require ongoing medical care or affect your ability to continue working.

slip and fall lawyer in AppletonWhen to Call an Appleton Slip, Trip, and Fall Attorney

If you have been injured in a slip and fall accident, you may be wondering when to call a lawyer. The sooner you speak with a lawyer, the better.  Although there is a three-year statute of limitations for slip and fall claims in Wisconsin, it takes time to build a winning case. Witness testimony and other valuable evidence may also become more difficult to locate as time passes. 

At Hupy and Abraham, we want you to feel confident about your choice of legal representation. That’s why we provide our case results, testimonials, and awards and accolades online to help prospective clients learn more about the benefits of working with our firm. 

Contact Our Slip and Fall Lawyer in Appleton for a Free Consult

If you or a loved one have recently been injured after a slip, trip or fall in Appleton, WI, Hupy and Abraham can help. We will go above and beyond to win your personal injury case and have a Win or It's Free Guarantee.

To set up a confidential free consultation with our experienced Appleton slip and fall lawyer, call us at 1-800-800-5678.  You can also reach us by filling out the Get Help Now form on this page

Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.