People often visit another person's property without getting hurt. Others experience a slip-and-fall accident that changes their lives. Besides being embarrassing, it can lead to serious personal injuries.
It's possible to sustain minor injuries, including swelling, bruises, and cuts. However, serious paralysis or head trauma are potential issues, as well.
A personal injury lawsuit consists of many situations, including:
Car accident cases
Medical malpractice cases
Slip-and-fall accidents
Wrongful death cases
However, in a slip-and-fall case, it's possible to hold that property owner responsible for those injuries. In most situations, that person's negligence contributed to the incident in some way.
One must realize that they only have a short time limit in which to file a lawsuit and receive maximum compensation. Let's learn more about the statute of limitations now.
Slip-and-Fall Accident Types
There are many different slip-and-fall accidents that one can file claims for. Though the most common is slippery floors, here are a few other reasons people file personal injury cases for these types of incidents:
Torn carpets
Uneven floors
Missing handrails
Poorly maintained exits and entrances
Ungated swimming pools
Slippery scatter rug
Obstacles a person trips over
Unmarked holes one falls into
Uncontrollable pets that bite or knock one over
Broken steps, railings, and stairs (indoor and outdoor)
How Long Does One Have to File a Personal Injury Lawsuit for a Slip-and-Fall?
Tennessee has a statute of limitations in place for victims to follow when filing personal injury cases.
In a slip-and-fall case, a victim has one year from the accident date to file the lawsuit against a property owner.
It's crucial for victims to file their claims within the one-year statute of limitations if they wish to recover compensation. The opposing lawyer will use the fact they filed after the time limit to get the case thrown out in court. Schuerger Shunnarah Trial Attorneys have more information on the truck accident statute of limitations in TN.
Exceptions to the Tennessee Personal Injury Statute of Limitations
Here are a few exceptions to the statute of limitations for a personal injury case:
If one slips and falls and is legally incapacitated or under 18 years old, the statute of limitations won't apply until they are no longer legally incapacitated or turn 18. This also applies to car accidents, medical malpractice claims, and more.
If the at-fault party isn't living in Tennessee, the victim's statute of limitations doesn't start running until they return to the state.
If the at-fault party faces criminal charges, the statute of limitations deadline of one year can be extended to two. This happens when the negligent person faces both civil and criminal charges for that incident and rarely pertains to slip-and-fall accidents.
Evidence Needed for Slip-and-Fall Personal Injury Claims
In a slip-and-fall personal injury claim, the property owner is likely responsible for the accident based on the area's conditions. Therefore, victims should take photographs of the surroundings and the accident scene. Here are a few other tips:
Gather contact information from witnesses to strengthen the claim.
Get immediate medical attention.
Verify the seriousness of the injuries with medical records.
Are Workers' Compensation Benefits Available for Slip-and-Fall Personal Injury Cases That Happen at Work?
When the slip-and-fall incident happened at the victim's workplace while they performed work-related tasks, they could file for workers' compensation.
However, if the victim was an independent contractor and suffered from a slip-and-fall, they cannot use workers' compensation because the client doesn't employ them. Therefore, they'd need to file a third-party claim or a personal injury lawsuit.
Does the Property Type Matter for a Slip-and-Fall Accident?
In some situations, the type of real estate does matter. For example, if the accident happened in the mall or on public land, it's easy to file a personal injury claim against the owner. However, if the incident occurred on government property, this complicates things.
Government agencies have sovereign immunity. This is a legal protection ensuring that government employees and entities don't get sued.
Though it's possible to file a claim, there's a shorter statute of limitations involved. Most personal injury victims only have a few months to draw up a lawsuit, and it's not guaranteed to be accepted.
Types of Damages Recoverable After a Slip-and-Fall Accident in TN
Here are the types of damages one may recover:
Pain and Suffering
If the injuries sustained caused serious mental anguish and physical pain, the victim might be offered pain and suffering damages.
Lost Income
When the injuries are severe enough to prevent the victim from performing work duties effectively, they can recover damages for lost income.
Medical Expenses
Slip-and-fall accidents often require trips to the emergency room, physical therapy, surgeries, medications, and medical devices. The at-fault party can be sued to reimburse the victim for those expenses.
Could the Victim Be Considered Responsible for a Slip-and-Fall Accident?
Tennessee uses the comparative negligence method when determining fault in personal injury cases. This legal concept requires a compensation reduction if the victim is partially responsible for the incident.
Sometimes, the property owner's negligence is eliminated altogether or drastically reduced if it's discovered that the victim was partially to blame. For more information, slip and fall lawyers in Nashville TN may be able to help.
How an Experienced Personal Injury Attorney Can Assist with a Claim
Hiring a lawyer to handle the personal injury case is a wise idea. They are there to help the victim navigate the legal system and receive the maximum compensation deserved after a slip-and-fall accident.
Lawyers can assist with:
Investigating the accident
Collecting evidence
Identifying the liable party and insurance company
Filing a claim during the statute of limitations time frame
Documenting the victim's injuries
Calculating all losses
Negotiating for compensation (Schuerger Shunnarah Trial Attorneys will go to war for Nash!)
Managing legal deadlines
Presenting the case in court, if needed
Contact a Premises Liability Attorney Today
People should feel safe when visiting a premises. If a property owner was negligent, leading to a slip-and-fall accident, it's important to get legal guidance from a reputable source.
Hire a slip-and-fall attorney who goes to war for Nash. Schuerger Shunnarah Trial Attorneys is available for Tennessee residents and offers a free consultation. Fill in the online form or call to get started today.