How To File A Fall And Slip Case In Nashville

hopstialIf you have got injured in a slip and fall accident on any other individual’s property, the consequences of that accident can be grave and severe. The severity of the injury may lead you to a hospital. It is very much possible in some conditions that you have to undergo medical surgery, or your doctor suggests years of physical therapy to heal. Looking at the worst side, these accidents can end in lifelong disability of any kind and, in some cases, even death.

It is mainly up to you whether you choose to file an insurance claim or file a lawsuit through a personal injury attorney. However, before doing so, you should be certain of the fact that the accident happened due to the property owner’s negligence.

In other words, he or she is wholly responsible and played a part in the accident by not being careful. In this way, your case will get stronger, and you have a chance of getting fair compensation for your losses.

Older man slip and fall on a stair case holding his knee

Common Causes Of Fall And Slip

If you look at statistics, the Consumer Product Safety Commission cites over 24,000 treadmill injuries in 2014 alone. According to the National Floor Safety Institute, slip-and-fall accidents are the main reason for emergency visits, at roughly 8 million each year.

The risk of falling and slipping is high in elders and toddlers. Some of the leading causes of fall and slip accidents include;

  • Wet floors
  • Dim walkways
  • Irregular pavement
  • Spilled food or drinks
  • Marble or granite surfaces
  • Conveyor belts, escalators
  • Unsteady staircase and loose railings
  • Ladders used for construction

Laws In Nashville Regarding Fall And Slip Case

Before moving further, let’s analyze a few factors that can affect your case. There are several laws and legal rules in Nashville that can affect the case, but the most important two are;

  • The deadlines of the statute of limitations for filing a slip and fall lawsuit.
  • The shared fault rules can affect your right to recover compensation if you share some amount of responsibility for the accident.

How To File A Fall And Slip Case In Nashville?

To file your case, you will need to hire an experienced Nashville personal injury attorney to handle every step and legal process properly. Here are the steps involved in filing a slip and fall case in Nashville:

Investigation

A thorough investigation is the heart of any case. If an investigation is done shallowly and fails to reveal the real reasons and causes of how the slip and fall accident occurred, no good will come out from filing a claim. An experienced attorney’s job is to review the facts and guide you on whether you should continue with an insurance claim or a lawsuit.

Gathering Proof

The next step involved in filing a fall and slip case is evidence or proof. Only a competent slip and fall lawyer knows where to look for significant evidence that enhances the value of a case, such as a police report, security video footage, medical records of the injured party, photos taken at the time of the accident, and the list of employees present at the time of the accident. All these proofs boost up the strength of a legal case.

Eye Witnesses

Eye witnesses are crucial to such cases. If they provide all the facts regarding what actually happened and how you got injured, you and your case are at a high point. However, an insurance company will face difficulty if it disputes the fact that the property owner was not at fault.

Sending A Legal Notice

A notice of claim after the accident is to be sent to the at-fault party, informing them about your intent to recover compensation. You can also ask them to send you a copy of their liability insurance policy to understand how much coverage is obtainable.

All the points mentioned above help you decide the value of your case by choosing the right amount to demand from the insurance company.

However, if the insurance company rejects your claim as well as proposes an unjust settlement, your attorney will move forward with a lawsuit.

Get The Best Legal Help In Nashville

If you have been a victim of a slip and fall accident in Nashville, contact us to hire a competent personal injury attorney to provide you the right piece of advice on the settlement you should get or to fight for you in case the insurance company rejects your claim. Get more slip and fall lawsuit tips and avoid these mistakes after a slip and fall. 

About The Author

Michael Feiner

Michael Feiner

The Florida BarFlorida Bar Young Lawyers DivisionMillion Dollar Advocates ForumMillion Dollar Advocates ForumBest Workers Compensation Attorneys in MiamiBest Car Accident Lawyers in MiamiLawyers of distinction

Michael A. Feiner is a partner in the Fort Lauderdale office of Steinger, Greene & Feiner. Since being admitted to the Florida Bar in 2001, Michael has devoted his practice to representing plaintiffs throughout Florida in various tort and strict liability cases and has successfully litigated cases against national insurance companies, large public companies, and governmental agencies, resulting in tens of millions of dollars for his clients. He has handled all types of personal injury and wrongful death cases on behalf of plaintiffs, including automobile negligence, premises liability, medical malpractice, product liability, dog bites, and sexual harassment. Michael’s product liability case against Microsoft, as well as his representation of victims of sexual harassment and abuse by physicians, has garnered him important media attention at both the local and national levels. Michael is an experienced trial lawyer and successfully argued an appeal to the Fourth District Court of Appeal. In the reported decision Ortlieb v. Butts, 849 So.2d 1165 (Fla. 4th DCA 2003), Michael persuaded the Fourth District Court of Appeal that a directed verdict on liability was appropriate where the defendant did not rebut the presumption of negligence of a rear driver in a rear-end collision.

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