People fall every day. Sometimes, the only injury is to your ego, and sometimes, it is life-altering and requires months or years of treatment. If someone else’s negligent upkeep causes your slip and fall injuries, you may benefit from a slip and fall lawyer in Pahrump.
Recovery from an accident like this can be difficult and draining. Retaining our counsel can help you focus on your physical and emotional healing while we handle the legal parts. At H&P Law, our Pahrump personal injury lawyer is committed to fighting for your right to recover the compensation you are due.
When You Need a Pahrump Slip and Fall Lawyer
Slip and fall accidents, along with poisoning and motor vehicle accidents, are responsible for 86% of total preventable deaths, according to the National Safety Council’s (NSC) Top 10 Preventable Injuries report. Slip and Fall accidents rank among the top three reasons for both fatalities and injuries. While these accidents may be commonplace, you shouldn’t have to suffer because of someone else’s negligence.
If you’re considering hiring representation for your slip-and-fall accident, this may fall under a specific type of law known as premises liability. In NRS § 651.005, the term ‘premises’ includes all buildings, equipment, facilities, and improvements. Parking lots, recreational facilities, or land in connection with the location may also be included.
Many falls in Pahrump occur at big box stores, grocery stores, and our casinos, among others. These areas have elevated foot traffic and create ample opportunity for products or drinks to spill on floors. Without someone diligently paying attention to mark and clean these spills, they become a significant hazard to the business patrons.
Causes of a Slip and Fall Accident
Most falls can be prevented entirely through responsible property maintenance and general awareness of the surroundings. When looking at the common causes of slip and fall accidents, some of the most common factors include:
- Uneven surfaces
- Liquid spills
- Floors that were mopped recently
- Clutter in walkways
- Open doors or drawers
- Lack of handrails in stairwells
- Cords and cables unsecured in walkways
- Poor lighting
- Poorly maintained flooring
- Unmarked or uncleaned spills or slick areas
Inappropriate footwear or behavior is another common cause of falls, which generally isn’t the fault of the property owner or manager. An example of inappropriate behavior may look like standing on a chair or table, or using objects in a manner inconsistent with their function.
Liability for a Pahrump Slip and Fall Accident
To demonstrate who is liable for a slip and fall accident, a few pieces of information are required. An H&P Law slip and fall attorney in Pahrump must establish the defendant’s legal obligation to the victim, and their failure to complete that duty. Your lawyer must also show harm came to the victim, and that the breach of legal duty caused the injuries, without which the plaintiff would not have been injured.
Additionally, in cases of shared fault, NRS §41.141 outlines the state’s comparative negligence laws. Parties who are 50% or less at fault can recover compensation reduced in proportion to their level of contribution, while those over 50% are not allowed to recover compensation at all.
Slip and Fall Injuries
Injuries from a fall can be life-changing. According to the National Safety Council’s report on slips, trips, and falls, hundreds of deaths annually occur from falls on the same level of a building, and many more occur that span multiple stories. These numbers support the fact that fall injuries should be taken seriously and may require legal help to ensure adequate compensation. After a fall, some of the many injuries sustained may include:
- Traumatic Brain Injury
- Sprains and strains
- Broken bones
- Internal bleeding
- Spinal cord injury
If you have sustained a significant injury in a slip and fall accident, you should consult a medical professional and a slip and fall accident lawyer serving Pahrump. These injuries are often more complex than they initially seem, and doctors can ensure swift and proper treatment. A lawyer can provide resources that you wouldn’t otherwise utilize, such as medical providers that specialize in these particular injuries.
What Steps to Take to Protect Yourself and Your Claim After a Slip and Fall Accident
Slip and fall accidents can be debilitating, and it is important to act quickly to make sure that you can get the most favorable outcome possible in your case, so you have the resources you need. This means you need to begin collecting evidence right away. Some common steps to take include:
- Receive medical treatment and keep all medical records and bills
- File a police report
- Take pictures of your injuries and where the accident occurred
- Exchange contact and insurance information
- Collect statements from witnesses, experts, and family and friends as necessary
- Notify the insurance company and start a claim
One of the most important steps you can take, aside from these actions, is to hire a slip and fall lawyer. They will act quickly and make sure you are not taken advantage of by insurance companies. A lawyer knows how to handle many of the legal challenges and nuances that come with these cases, and they will skillfully implement solutions while also advocating for you and protecting your rights.
Common Legal Challenges Associated With Slip and Fall Accidents
Slip and fall accidents can be complex to resolve, which is why it’s important to work with a skilled lawyer. What you don’t know can hurt you if you are trying to handle your claim on your own. For example, you will need to demonstrate the other party’s liability. However, showing that an owner should have known about a dangerous condition may be difficult, especially without enough evidence.
Another common legal challenge claimants may run into is pushback from the insurance company. Because they are often more focused on protecting their bottom line, they will generally offer subpar settlement offers or use a variety of tactics to avoid paying any more than necessary.
It also isn’t uncommon for a property owner to claim that a hazard was “open and obvious.” This defense communicates the idea that the element of danger was easily visible and a person would reasonably be aware of the harmful situation. However, your lawyer can make arguments to refute this defense by property owners while tailoring their strategies and optimizing your case for favorable results.
Damages in a Pahrump Slip and Fall Accident
The legal concept of damages can refer to different things beyond what we may consider as laypeople. Damages are typically monetary in nature and compensate the injured party for the injuries inflicted. Some of the types of damages you can seek in Nevada slip and fall accidents are:
- Medical bills
- Lost wages from missed work
- Loss of earning potential
- Future medical costs
- Pain and suffering
- Wrongful death
You can work with one of our slip and fall lawyers in Pahrump to determine the exact value of your damages. Some cases may be eligible for punitive damages, which are used in select situations. They are meant to punish the defendant for egregious behavior that caused the accident and injuries and deter similar behavior. Juries must deem these damages as appropriate, which means the case must go to trial.
H&P Law Uses Contingency Fees to Improve Accessibility to Legal Services
For many people, the cost of a good personal injury attorney may be a concern. Thankfully, we offer a contingency-based fee, meaning we don’t accept payment until we have recovered compensation for your claim. This payment structure keeps you from dishing out money with no resolution, and we stay motivated to recover your maximum possible compensation.
This payment structure allows slip and fall victims access to legal services and knowledge that can significantly impact the outcome of their case, as legal representation often results in higher settlements. It also ensures that you and your lawyer share the same goals and remain aligned throughout the entirety of your case.
Call a Pahrump Slip and Fall Lawyer Today
If someone else’s negligence has caused your slip and fall accident and resulting injuries, you may be eligible for compensation.
At H&P Law, a Pahrump slip and fall attorney is available to consult online or by phone. You can reach out for a free consultation 24/7.