Avoidable Errors After a Slip & Fall Accident In Tucson
Our Tucson Injury Attorneys Discuss Common Mistakes Made During a Slip & Fall Accident Claim
Our Tucson Injury Lawyers take a look at slip and fall accidents in Tucson and Pima County, Arizona. What we are analyzing is the errors that are made by both the victims and other parties in a potential slip and fall claim. Our experienced attorneys have seen it all, we are very in tune with the ways and errors made during a slip and fall accident in Tucson.
What Is a Slip And Fall Accident?
Slip and falls accidents are pretty self-explanatory. This is the type of personal injury claim that results after slipping, tripping, or falling while on someone else’s property. You may be eligible to collect several types of damages after a slip and fall- current and future medical expenses, time missed from work, pain and suffering, and more. You may choose to retain a Tucson personal injury attorney to handle your claim and maximize your settlement.
How To Prove Fault In a Slip And Fall Accident
When filing a personal injury claim after a slip and fall accident, you will usually be dealing with some type of homeowner’s or business owner’s insurance. These insurance companies aren’t eager to pay out all of your damages. You must prove that the party you are filing the claim against was responsible for creating the conditions that caused your slip and fall. This can be done willfully, or through negligence that is severe enough to warrant premises liability. For example, the property owner may have been alerted to a condition that could cause a slip and fall (puddle, loose floorboard, etc.) and ignored it for an unreasonable amount of time. Or the property owner may have failed to inspect their property in order to discover a condition that could cause a fall. This negligence should have created an unreasonable danger for a foreseeable accident. These standards will be judged differently on a case by case basis. An experienced Tucson personal injury attorney can help you designate fault after a slip and fall accident.
Common Mistakes In Tucson Slip And Fall Claims
Failure To Notify The Property Owner
Hopefully this information doesn’t come to you too little, too late. Hiding your accident and injuries from the property owner won’t give you any advantages in your case, and may even damage it. Most public properties will have someone who is responsible for fielding these types of claims. If you were invited onto a private property as a guest, you should inform whoever invited you of your injuries. The manager should produce an incident report and provide you with a copy. This piece of evidence will later be used in your personal injury claim proceedings.
Filing Your Claim Outside The Statute Of Limitations
Every type of lawsuit is subject to a time limit known as a statute of limitations. Any case that is filed after the statute of limitations has expired will automatically be dismissed. For most Arizona slip and fall cases, the statute of limitations is 2 years from the date of the accident. There are exceptions to this rule. Public entities usually have a shorter statute of limitations- 180 days, or 6 months after the accident. If the accident victim is a minor at the time of injury, the clock won’t start running on the statute of limitations until the victim turns 18, unless a parent or legal guardian files a claim on their behalf before then.
Failure To Seek Medical Attention
Seeking medical attention and following the doctor’s medical advice is a vital part of a slip and fall claim. First, medical records will be used to show that you were injured in the first place. Second, procrastinating medical treatment or avoiding it altogether could aggravate your injuries, which wouldn’t be compensable in your personal injury claim. You should promptly seek medical attention after a slip and fall, as well as comply with all the doctor’s instructions, take your prescriptions, attend physical therapy, etc. Third, your medical bills are a significant contributor to the amount you can collect in your claim. Your medical bills are compensable in your claim, and it will be highly difficult to estimate the cost of your future medical treatments without seeking any in the present. Your medical bills will also be used to calculate your pain and suffering, which can exponentially increase your claim’s value.
Settling Quickly With The Other Party For a Reduced Sum
It’s understandable that your finances may be tight after a slip and fall accident. That will make it tempting to accept early settlement offers from the other party’s insurance company. However, the insurance company probably won’t offer you anything near your claim’s full value in an initial settlement offer. Insurance adjusters may threaten that settlement offers will expire, but keep in mind that it costs them less to settle out of court than to go to trial. You can continue negotiating for a settlement- just make sure you pay attention to the applicable statute of limitations. Your Tucson personal injury attorney will review all settlement offers for your claim to make sure you are being compensated fairly.
Another Common Mistake – Proceeding Without An Experienced Tucson Injury Lawyer
Many people assume it will save them money to represent themselves in a personal injury claim. Hiring an attorney will show the insurance company that you’re serious about pursuing the full value of your claim. It also creates a protective barrier between you and the other party’s representative. All contact regarding your claim must go first to your attorney once retained. Typically, insurance adjusters will have you speak on a recorded line while asking questions meant to poke holes in your case. Your attorney will take care of these kinds of issues to protect the value of your claim.
Paying for your medical treatment is both necessary and difficult after a slip and fall accident. A personal injury attorney in Tucson can assist you with coordinating with insurance and medical liens in order to pay for your medical treatment. Your attorney will also help you formulate a more accurate calculation of your damages. This will ensure that you request a sufficient amount, without looking ignorant with an unreasonable demand. Your attorney will also negotiate for higher pain and suffering compensation. If the other party tries to assign you fault in the accident, your attorney will argue against it.
Our Professional Tucson Personal Injury Attorneys Can Represent You
Your personal injury claim is your one opportunity to receive financial compensation for your injuries from a slip and fall accident. It’s crucial that you negotiate for every last possible dollar out of your settlement. But hiring a Tucson personal injury attorney takes that weight off of your shoulders. Don’t assume that you can’t afford this type of top-tier, dedicated service. While many of our competitors charge up to 33% contingency fees, we offer a guaranteed discount rate of 25%. Our discount rate will save you thousands of dollars, without sacrificing on quality of representation. To learn more about the advantages of hiring our firm to represent you in your slip and fall claim, call or use our online form to get started with your free case evaluation.