Some injuries from a slip, trip or fall may be minor, but some are severe and can prevent you from working or enjoying the activities you are used to doing. If you suffered an injury on public or private property, you might be entitled to compensation for your injury. Our experienced slip and fall lawyer in Madison can help you navigate the complex legal process so you can recover damages for your injury.
What is Considered a Slip and Fall Injury?
A slip and fall accident can occur anywhere from a city sidewalk to a restaurant. Injuries resulting from a slip and fall accident can significantly impact your daily life. They may include:
- Broken bones or lacerations
- Head or brain injury
- Wrist or shoulder injury
- Leg or knee injury
- Spinal cord injury
- Facial or dental injuries
- Eye injury
To have a valid case, you must be able to prove that the slip and fall accident was due to the negligence of a property owner or manager. A property owner or manager is expected to maintain a duty of care and keep the property safe and cared for reasonably to prevent possible injuries from occurring on the premises. You have a right to take legal action if you were legally at the premises and it was not properly maintained or safe for you to enter.
To settle a claim either with an insurance company or in court, you will need to show that your accident occurred due to negligence and was due to factors, such as:
- Slippery or dirty surfaces
- Snow or ice accumulation
- Design defect
- Broken or missing railings
- Uneven surfaces
Should I Hire a Slip and Fall Lawyer in Madison for My Accident?
After being injured in a slip and fall accident, there are many reasons why you will want to hire a lawyer to help with your case rather than handling it yourself. A slip & fall accident attorney can not only protect your legal rights and possible compensation and help you navigate the complicated legal process but can do the following:
- Determine what your case is worth and value the damages you may be able to recover. You may be able to recover compensation for lost wages, medical expenses, and pain and suffering.
- Negotiate with the insurance company, so you do not have to yourself. Insurance companies are not concerned with giving you the most money for your settlement; they want to settle quickly and for the least amount of money possible. A Madison slip and fall lawyer will fight for the full amount you are entitled to receive.
- Take on the stress of your claim so you can focus on recovering from your injuries while they handle the rest.
- If your claim is not settled with the insurance company, a lawyer can represent you in court to prove your case.
Can a Madison Slip and Fall Lawyer Help Prove Premises Liability?
To have a claim when a person slips and falls on someone else’s property, it must be proven that the accident occurred due to a dangerous condition that could have been prevented. Slip and falls fall under premises liability, and there are several things that a slip and fall lawyer in Madison must prove to settle the case. These include:
- The owner or manager knew of the dangerous condition.
- There were no attempts to fix the dangerous condition reasonably.
- There was no clear warning of the danger.
- The person injured had a legal right to be on the property.
To prove negligence, an attorney will need to gather evidence to support the claim. Evidence that can be used in a slip and fall accident case may include:
- Photos or videos taken on cell phones or captured on security cameras.
- Witness testimony from those who witnessed the accident, those who were responsible for maintaining the property, or others who may have been at the property at the time of your fall.
- Property maintenance records or logs.
- Copies of medical reports documenting your injury.
Since some of the evidence may not be easy to obtain, a slip & fall accident attorney can request certain items during the discovery process. This may include requesting copies of security footage, records, and more. They can also send a letter asking the owner to preserve specific evidence that can be used for your case.
How Much is a Slip and Fall Case Worth?
Every case is different and everybody's damages are different. However, is there a standard amount of money you should receive for a slip and fall case in Madison, WI? Find out below:
How Does a Slip & Fall Injury Attorney Determine Future Medical Bills and Lost Wages After a Slip and Fall?
In Wisconsin you have the right to claim financial compensation for any losses that resulted from the accident. An experienced slip and fall lawyer in Madison will determine what your case is worth by placing a value on the damages you suffered. You may be able to recover damages for future medical bills, lost income, and loss of potential income.
To determine the value of future expenses, such as the loss of potential income, an attorney will calculate the amount of money you would have normally earned from the date of the accident until the date of settlement. In cases where the accident left you unable to work either permanently or temporarily or earn a future income due to the injuries you suffered, you can be compensated for the loss of future income earnings. This can also apply if you cannot work at the job you had before the accident, have to work fewer hours, or take a job with reduced pay due to the extent of your injuries.
A skilled and experienced slip & fall lawyer will use the following factors to determine what amount of compensation you should receive for the loss of future income:
- Extent and type of injuries you suffered
- Your potential for earning an income
- Your life expectancy
In addition, the court may take into consideration other factors such as your level of education, past job experience, witness testimony, medical records, and financial documentation to award a final settlement.
How to Find the Right Slip and Fall Lawyer in Madison for My Unique Case
Finding the right Madison slip and fall lawyer for your case can often be overwhelming. Choosing the right attorney for your unique situation can make a difference in the outcome of your case. You will want to make sure that the professional you choose is experienced in slip and fall cases in your state. A good starting point is to ask friends, family, or acquaintances for personal recommendations of lawyers they may have used in the past and been pleased with. You may also consider using a lawyer you may know personally or have used before for another matter.
Many law firms have websites that contain helpful information that can be used to help you decide who to use for your case. Information found online that can be helpful when considering a slip and fall lawyer in Madison includes:
- Case results can provide examples of successful slip and fall settlements that other clients have awarded for their cases.
- Testimonials written by past clients can show how satisfied others have been with the attorneys at the firm.
- Awards and accolades provide information on how the local community recognizes the individual or the law firm and can show what types of awards or accolades they have received. Hupy and Abraham have been voted best and rated best by their clients and community.
Finally, you will want to schedule a free consultation to meet a potential lawyer. During the meeting, be sure to ask questions since the answers to your questions and your gut feeling will help you find a Madison slip and fall accident lawyer for your case.
Slip and Fall Accident Statute of Limitations
In Wisconsin, there is a statute of limitations deadline for filing a personal injury lawsuit such as a slip and fall claim. Any personal injury lawsuit in Wisconsin must be filed within three years of the date of the accident that caused the injury. If property damage occurred in addition to the injury, the deadline for filing a lawsuit to recover, repair, or replace the damaged property is six years from the date of the accident.
An experienced slip and fall lawyer can ensure that your legal rights are protected and that you meet all necessary deadlines for your case. If you do not file your claim within the statute of limitations, your claim will be dismissed, and you will not be able to recover damages. The sooner you take action, the more likely that evidence can be preserved and the sooner you can be compensated for your injury.
Contact Our Madison Slip and Fall Attorney for a Free Consult
If you were injured in a slip & fall accident, don’t wait until the statute of limitations is close to expiring, contact our experienced Madison slip and fall attorney at Hupy and Abraham today. We are available for a free consultation to discuss your case. To set up a confidential appointment, fill out our convenient contact form online or call us at 800-800-5678.