If you have recently suffered devastating injuries in a slip and fall accident, you may be wondering how you are going to cover your expenses. However, our team of dedicated Atlanta slip and fall accident lawyers at T. Madden & Associates, P.C. do not believe you should be stuck covering these costs. The at-fault party should compensate you for every single way you have been impacted by the injuries you sustained and the slip and fall accident itself.
We will work diligently to identify those responsible and account for every loss so you can receive maximum compensation for your damages and suffering. When you are not sure where to get started, contact our office to request a 100% free consultation today. We can discuss the value of your claim, the severity of your injuries, and what to expect from the slip and fall accident claims process. Our reputable lawyers for injury claims will do everything possible to help you get through some of the most challenging times in your life.
Common Types of Slip and Fall Accidents in Atlanta
Slip and fall accidents can come in many forms. Your attorney will carefully evaluate the type of slip and fall accident you were involved in to identify the liable party and build a compelling case against them. In most slip and fall cases, the liable party is the property owner who has a legal obligation to ensure their premises are safe for invited guests and patriots. Some of the most common types of slip and fall accidents our black-owned personal injury firm handles include:
- Wet floors
- Escalator accidents
- Debris and walkways
- Elevator accidents
- Stair accidents
- Ladder accidents
- Unsecured flooring or carpeting
- Broken pavement
You Have the Right to Be Made Whole After a Slip and Fall Accident
You should not be expected to cover any of the expenses related to your injuries after a slip and fall whether you file a slip and fall personal injury claim or file a claim with the insurance company. Under Georgia tort laws, you have the right to be made whole. You should be reimbursed for not only monetary or economic damages but also non-economic damages that impact every facet of your life.
Economic damages consist of all losses that relate to money. They are easily calculated by examining financial records, bank statements, receipts, and other other official documents. Some of the most common types of economic damages slip and fall accident victims seek include:
- Lost wages
- Medical bills
- Personal property damages
- Future medical expenses
- Costs of medical devices and equipment
- Diminished earning potential
- Loss of health insurance coverage provided by your employer
- Damage to your credit score
- Insurance premium increases
- Loss of bonuses, salary increases, and 401(k) contributions
Non-economic damages can be a little more difficult to evaluate. They do not have a financial value, but that does not make them any less valuable. Your Atlanta premises liability attorney will need to consider the impact your non-economic damages have had and may continue to have on your life when calculating the value of your claim. Some examples of non-economic damages you may be able to recover include:
- Pain and suffering
- Permanent disability
- Skin scars
- Loss of consortium
- Emotional distress
- Reputational damage
- Diminished quality of life
You might also wonder whether punitive damages are possible in your Atlanta slip and fall claim. Although punitive damages can significantly increase the total value of your settlement, they are awarded less often than you might have previously thought. Slip and fall accident victims could receive punitive damages as part of their award, but only if the defendant’s actions were grossly negligent, reprehensible, or intentionally malicious. For example, if your landlord had repeatedly received complaints of dangerous stairs, but continued to ignore these complaints and failed to make necessary safety repairs, the civil court system may find them grossly negligent and determine punitive damages are appropriate in your slip and fall case.
Atlanta Slip and Fall FAQ
The slip and fall accident claims process is often complex. While you are healing from your injuries, you may have many unanswered questions about how slip and fall accidents work and what to expect from your case. For this reason, we have answered some of the most frequently asked questions surrounding slip and fall accidents and personal injury claims in Atlanta below. You may have additional questions or concerns we did not cover on this page. Do not hesitate to contact our team and request a free consultation so we can discuss these individual and specific questions in further detail.
What is the statute of limitations on a slip and fall in Georgia?
When filing a slip and fall accident claim in Atlanta, you must adhere to the statute of limitations for personal injury claims in Georgia. According to Georgia laws, injury victims have up to two years from the date of their accident to file suit. If your slip and fall lawsuit is not filed before the statute of limitations deadline passes, you may miss out on an opportunity to recoup the total value of your damages.
However, it is important to note that there are certain situations where the statute of limitations countdown may be temporarily paused. For example, if you have a minor child who suffered injuries in a slip and fall accident, the statute of limitations may be told until they reach the age of 18. Alternatively, you can file a personal injury lawsuit on their behalf so you can cover their medical expenses.
The statute of limitations for personal injury claims can also be tolled if your injuries were not diagnosed until days, weeks, or even years after the accident. This often happens when victims do not obtain medical treatment immediately after the accident and do not feel the full extent of their injuries until their condition deteriorates. In cases like these, the statute of limitations would begin from the date you discovered or were diagnosed with injuries related to your slip and fall accident. It is easy to get confused about when the statute of limitations expires in your case. However, when you have a powerful slip-and-fall accident attorney working for you, you can get the clarity you need and avoid being barred from pursuing your case at trial.
What is the open and obvious doctrine?
The open and obvious doctrine is a way for property owners to avoid being held accountable for injury victim’s damages. Under the open and obvious doctrine, if conditions on the property owner’s premises were dangerous, but considered open and obvious to any other reasonable person, the property owner may not be fully responsible for the victim’s damages. One of the most common examples of the open and obvious doctrine in action includes restaurants that utilize wet floor signs.
Let’s say you were visiting a restaurant and another guest spilled a beverage on the floor. The restaurant staff would likely place a wet floor sign near the spilled beverage while they cleaned up the mess and the floor was still wet. This indicates the hazardous conditions present in the area, leaving other guests and patrons to assume responsibility for their personal safety. If the restaurant had not placed a wet floor sign up, the conditions may not be open and obvious, and would therefore leave the restaurant open to liability.
Do I still have grounds for a claim if I am partially at fault under Georgia law?
You may still have grounds for a claim even if you are partially responsible for causing your slip and fall accident injuries. Georgia is not a pure contributory negligence state which bars you from recovering compensation if you share blame. Instead, Georgia follows modified comparative negligence laws. Here, if your portion of fault does not exceed the state’s threshold of 50%, you retain your right to compensation for your losses at a reduced rate.
For example, if you are found 15% at fault for the injuries you sustained, you could expect 15% to be deducted from whatever you are awarded. In the event your portion of blame is greater than the state’s threshold, you will lose your right to recover compensation for your damages and could even find yourself the subject of a personal injury lawsuit.
Unfortunately, capitalizing on the state’s modified comparative negligence laws is one of the most common ways liable parties attempt to escape financial responsibility for the victim’s damages. Even if you are not at fault, do not be surprised if the defendant tries to place unwanted blame on you. When you have an experienced slip and fall accident lawyer on your side, you can ensure liability and blame are accurately evaluated and the fault is established correctly in your personal injury case.
How much does it cost to hire a personal injury lawyer in Atlanta?
One of the top benefits of working with our Atlanta personal injury attorneys is the ability to hire a slip and fall injury lawyer on contingency. Many serious injury victims are hesitant to hire a slip and fall attorney because they do not believe they can afford one. When you have financial losses that continue to affect your life, the thought of putting your personal funds on the line can be intimidating. However, with T. Madden & Associates, P.C. working for you, you will never have to risk your own money.
Instead of requiring a down payment, our slip and fall accident attorneys work for you on a contingency basis. We cover all the expenses associated with pursuing your case and never require payment for our services unless or until we win. When we win, a percentage of your award will be deducted from your settlement to account for your fees. You can learn more about what your contingency agreement might look like when you discuss the specific details of your case with your slip and fall lawyer.
Connect With Our Experienced Atlanta Slip and Fall Attorneys Today
You may have suffered serious injuries in a slip and fall accident, but the fallout does not need to haunt you for the rest of your life. The liable party can be ordered to repay you in full for your damages. Working with a dedicated Atlanta slip and fall attorney at T. Madden & Associates, P.C. may be the best way to ensure those responsible are held accountable to the fullest extent of the law.
You should not be forced to absorb the consequences of another party’s recklessness or negligence. Make the fault party pay. Schedule a free, no-obligation consultation with our personal injury attorneys today. You can reach us through our secured contact form or by phone to get started.