Chester County Slip and Fall Accident Lawyers
Even the most coordinated people can accidentally step on a cracked tile or puddle, and the most severe slip and fall accidents can cause serious injuries and unexpected medical bills. These sorts of accidents happen in grocery stores, restaurants, and even on sidewalks. You might not know it, but if your accident occurred because of someone else’s negligence, you might have legal options to claim compensation for your injury. Let our Chester County slip and fall accident lawyers at McCann Dillon Jaffe & Lamb, LLC, tell you what you need to know.
What Should You Do Immediately After a Slip and Fall Accident?
When you slip and fall on private property, before anything else, check yourself for obvious injuries and seek medical attention. Even if you feel fine, some injuries, like concussions, internal bleeding, or soft tissue damage, can take time to manifest symptoms. Plus, if you need to file a claim for compensation, a medical report can help document your injuries and link them to your slip and fall.
Notify the property manager of your accident and request a copy of the incident report. Take photos of the accident scene, making sure to capture the hazards that might have contributed to your fall, such as uneven tiles, wet floors, or poor lighting.
Aside from requesting the incident report, avoid making speculative or emotional statements to the property owner or to their insurance company without consulting a lawyer. Insurance adjusters may try to twist your words to downplay the severity of your injuries or shift blame onto you.
How Do You Prove Negligence in a Slip and Fall Case?
To claim compensation for your injuries and hold the at-fault party accountable for your accident, you need to prove that their negligence led to your accident. In other words, you need to prove that the dangerous condition existed, that the property owner knew or should have known about it, and that they failed to take reasonable steps to fix the problem, and that the condition directly led to your injuries. For example, if you slipped on a spilled liquid in a supermarket, you must demonstrate that the puddle was actually there, that the store knew about it and had enough time to clean it up, that they failed to do so satisfactorily, and that the puddle led to your injury.
Surveillance footage, maintenance records, and witness statements can all help you with your case and corroborate your story. The more evidence, the better: Pennsylvania law follows a comparative negligence rule, which means that if a court finds you to be partially responsible for your fall, it may reduce your compensation by the percentage to which you contributed to the accident. For example, if you were distracted by your phone and did not see a warning sign, the judge may determine that you were 20% at fault for your accident and reduce your final payout by 20%.
What Are Common Causes of Slip and Fall Accidents?
Slip and fall accidents often occur due to hazardous conditions on someone else’s property. Wet or slippery floors, uneven sidewalks, loose carpeting, and poor lighting cause many slips and falls. During the winter months, snow and ice can create dangerous walking conditions, especially when property owners fail to clear pathways properly.
Structural issues, such as broken stairs and missing handrails, can also pose a significant risk, especially for older clients. Falls are a leading cause of traumatic brain injuries among older adults, and these accidents often result in severe complications.
What Compensation Can You Recover After a Slip and Fall?
Slip and fall accident victims often require physical therapy, surgery, or long-term care, depending on the severity of the incident. Courts often award victims with ‘economic’ compensation to cover these tangible costs. Beyond injuries that carry specific dollar amounts, the judge may also award you with additional compensation to cover ‘non-economic’ damages, such as emotional distress, anxiety, and depression caused by a debilitating injury.
The severity of your injuries and the circumstances of the accident will determine the amount of compensation you may receive. A traumatic brain injury, spinal cord damage, or broken bones can result in higher settlement amounts due to long-term medical needs. If the property owner’s negligence was particularly egregious, the court may assess ‘punitive’ damages to punish their reckless or intentional misconduct.
How Long Do You Have to File a Slip and Fall Lawsuit?
Pennsylvania law sets a strict deadline for filing personal injury claims. According to the state’s statute of limitations, most victims have two years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose the right to seek compensation. However, certain circumstances can affect this timeline—for example, if the victim is a minor or mentally incapacitated, the deadline may be extended. On the flip side, though, if you need to file a claim against a government entity, the law might significantly reduce the deadline from two years to six months.
Why Do You Need a Lawyer for a Slip and Fall Case?
Many insurance companies try to minimize payouts after slip and fall accidents by offering lowball settlements, pressuring quick claims, and shifting blame from the property owners to the victims. A seasoned lawyer can counter these tactics, handle negotiations on your behalf, and push back against low settlement offers. They can also help you gather solid evidence and expert testimony so you can build your strongest case. And if you cannot settle with an insurance company, they will take your case to court and represent you every step of the way.
Seeking Justice for Your Fall with the Chester County Slip and Fall Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC
If you sustain an injury in a slip and fall accident and need to claim compensation, trust the Chester County slip and fall accident lawyers at McCann Dillon Jaffe & Lamb, LLC to guide you through the legal aftermath, protect your rights, and build you a personalized case. We will handle all the legal details, meet the appropriate deadlines, and take care of all the paperwork, so you can focus on your recovery. Call us at 215-569-8488 or fill out our online form for a free consultation. Our office locations in Philadelphia and Abington, Pennsylvania, and Wilmington, Delaware, proudly serve clients in the surrounding areas.