A slip-and-fall accident on someone else's property can lead to serious injuries, including broken bones, herniated discs, and brain damage. Fortunately, Tennessee law provides legal recourse, allowing injured victims to pursue claims or lawsuits to recover compensation.
At Schuerger Shunnarah Trial Attorneys, we take each slip-and-fall case seriously. Our experienced personal injury lawyers have ensured swift justice and recovered more than $1 billion in compensatory damages for our clients. We can also help with how to file a lawsuit for personal injury in TN.
Those who have suffered injuries in a slip-and-fall accident in Nashville, Tennessee, due to the property owner's negligence should call us to discuss their case and learn more about their legal options.
Understanding Slip-and-fall Lawsuit in Tennessee
A slip-and-fall accident falls under the category of premises liability, and the rules governing such lawsuits are much different than those applicable to personal injury cases. This can impact the outcome of the suit.
A premises liability claim is a legal demand sent to the property owner and their insurance company to cover the damages from the slip-and-fall accident caused by their negligence.
On the other hand, a lawsuit is a formal civil action brought in court by a plaintiff seeking compensation.
Who Is Responsible for a Slip-and-fall Accident in Tennessee?
Before the injured victim can file a slip-and-fall claim or lawsuit, they must identify the party(s) responsible for the accident. Whether it's the employee who fails to mop the floor or a negligent manager, most premises liability cases include the property owner as the main defendant.
Under the law, injured victims can hold property owners liable for the damages caused if:
A dangerous condition or hazard resulted in the affected party's fall;
The property owner knew or should've reasonably known about this; and
The property owner didn't take any reasonable steps to warn the victim or fix the dangerous condition.
The main challenge in filing a personal injury claim or lawsuit following a slip-and-fall accident is proving that the property owner knew or should've known about the hazard that caused the plaintiff's injuries.
An experienced premises liability attorney can help injured victims prove negligence and establish liability by retrieving CCTV footage, obtaining photographs, and interviewing witnesses and skilled medical professionals to record their testimony. They can also assist with how to file a lawsuit for a dog bite in TN.
What Damages Are Available in Slip-and-fall Accidents?
Depending on the facts surrounding the personal injury lawsuit, there are two main types of damages affected parties can recover, and these include the following:
Economic damages: These refer to out-of-pocket expenses incurred by the injured victim following their slip-and-fall accident. They may include medical bills, lost income, and property damage.
Non-economic damages: Slip-and-fall accidents can lead to non-economic losses, including pain and suffering, emotional trauma, and reduced quality of life. Injured victims can recover these damages by pursuing a claim or lawsuit.
Most affected parties fail to calculate the total compensatory damages because they lack the expertise and resources to do so. This can lead to lower settlements, which may barely cover the out-of-pocket expenses.
While calculating economic losses is easy, as injured victims can submit documentation proof, determining non-economic damages is far more challenging. They are subjective and may vary from one case to another.
An experienced slip and fall attorney in Nashville TN can provide legal knowledge and expertise to determine a fair settlement.
How to File a Lawsuit for Slip-and-fall in TN
Here are the steps involved in filing a slip-and-fall accident lawsuit in Tennessee:
1. Call for Medical Help
When a person slips and falls in a shop, mall, or other type of business, the shock and adrenaline could create confusion and adversely impact their following few decisions. Some people are quick to get up and walk out of the premises, which can put a dent in their personal injury case.
Recording the slip-and-fall accident is critical to the affected party's chances of financial recovery. When such incidents happen, it's important for the injured victim to call for help and request a copy of the accident report from the manager.
Slip-and-fall accidents can have a devastating impact on the injured victims. While the physical pain and injuries may take time to manifest, seeking immediate medical attention is essential. Waiting too long to see a doctor can be detrimental to the affected party's premises liability claim or lawsuit.
2. Contact an Experienced Slip-and-fall Attorney
Pursuing claims against businesses and large corporations can be challenging. They have a huge legal team ready to combat any claim or lawsuit that comes their way.
While injured victims can choose to fight their battles alone, it's crucial to seek assistance from an experienced personal injury lawyer to even out the odds.
At Schuerger Shunnarah Trial Attorneys, we have helped many injured victims stand against negligent property owners and their insurance companies. Our skilled team understands the complexities surrounding a personal injury lawsuit and can assist in overcoming the legal hurdles.
3. Investigate the Slip-and-fall Accident
When pursuing a premises liability claim or lawsuit, the injured victim must not only show that the defendant knew or should've reasonably known of a dangerous condition but also prove that the property owner failed to take any steps to address it. This requires a thorough investigation into the incident.
A reputable law firm may have the resources to help investigate the slip-and-fall accident. Its lawyers can interview witnesses, retrieve camera footage, and research the property owner's history to gather evidence and build a strong case.
4. File a Slip-and-fall Injury Claim
When the case is ready, the slip-and-fall accident attorney will file the claim with the property owner and their insurance company, requesting a fair settlement. In such situations, the defense counsel can either settle or refuse the formal complaint.
5. Pursue a Slip-and-fall Accident Lawsuit
Upon claim denial, the plaintiff and their attorney can bring civil action by filing a slip-and-fall accident lawsuit in court. Pursuing the suit in the right county with jurisdiction over the case is important.
6. Settle or Proceed to Trial
During this stage, the defense counsel can either agree on a mediator and initiate mediation to reach a settlement or fight the suit.
If the case proceeds to trial, both sides will present their arguments and evidence before the judge or jury decides the verdict.
While winning a slip-and-fall injury lawsuit can be great news, it's important to understand that the defendant has the right to appeal. Doing so could prolong the legal process by a few months.
Schuerger Shunnarah Trial Attorneys Have What It Takes to Win Premises Liability Cases!
Injured victims do not need to fight premises liability lawsuits alone. Schuerger Shunnarah Trial Attorneys have extensive experience helping affected parties establish liability, prove the property owner's negligence, and hold the defendant and their insurance company liable for the damages.
Those who have suffered slip-and-fall injuries in Nashville, Tennessee, should call us to schedule a free consultation with our skilled attorneys. We have the determination, courage, and legal firepower to protect the victims' rights and go after large businesses and their greedy insurers!
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