Atlanta Slip and Fall Attorney
An Atlanta Lawyer can help you get the compensation you deserve after an accident. Whether your accident takes place at work, in someone’s home, or in public, Amircani Law will fight for you in court.
Author: Maha Amircani, Founder, Amircani Law, LLC
Maha represents clients in state and federal court litigation as well as administrative proceedings. Her practice specializes in the areas of personal injury, criminal defense, and real estate closings. Published on: May 23, 2019. Last updated on: July 13, 2019.
Atlanta Slip and Fall Attorneys
Slip and fall accidents are one of the leading causes of unintentional deaths and injuries in the USA. In the event that you or a loved one has had such an accident, you are most likely in pain, out of work, and in need of medical assistance. A lawyer can help you seek justice.
Slip and Fall Attorney Atlanta
A dangerous condition in someone else’s home or business may be catastrophic to unsuspecting visitors. It only takes one negligent property owner to injure or kill other people. The state of Georgia has particular exemptions set up regarding incidents that happen on another person’s property. These are often known as premises liability laws.
Obtaining a premises liability claim against someone in Atlanta can result in reimbursement for lost wages, medical costs, and pain and suffering. Atlanta attorneys such as those at Amircani Law can help you navigate these comprehensive laws and receive the settlement you deserve.
Atlanta Slip & Fall Attorneys
Many people assume that if they fall, they are to blame due to clumsiness. While this may certainly be the truth in some situations, most frequently, victims of this type of injury have the right to receive compensation for their injuries with the help of a dedicated attorney.
Slip and Fall Negligence Cases
In any personal injury case, whether a negligence case or a car wreck, you must prove two primary factors: causation and negligence from a property owner. These are just two of the four critical elements of personal injury cases. A party’s failure to take reasonable care owed to another party at the time is referred to as negligence. Causation refers to proving that this negligence is exactly what led to the claimant’s injuries along with the situation that caused it.
If a party was negligent and caused the accident, that party accounts for the injuries of another party. But what happens if both parties involved were negligent and contributed to what happened?
Comparative negligence allows parties to recover damages even if they are partially to blame for your accident next to the property owner, but the law can considerably influence the settlement of your personal injury claim. Thus, collecting the correct evidence that is ideal to establish causation and negligence is vital.
In some states, by being even one percent at fault for an accident, you are barred from recovering any damages at all. These states follow contributory negligence laws. However, most states allow compensation to be recovered from the property owner even if you were partially negligent. There are several sub-classes of these comparative negligence states.
Some states say that it can be recovered if you were 99 percent liable for the accident. These are called comparative negligence states. However, Georgia is a modified comparative negligence state. Although Georgia lets people recover damages even when they were partly at fault, parties that are more than 50 percent at fault can not recover any damages.
An Atlanta lawyer can help you navigate this legal challenge and a difficult time to determine whether you are eligible to recover damages.
Slip and Fall Accidents Settlement Amount
A slip and fall accident settlement amount is determined in consideration of several factors, including negligence and liability. While there are numerous common injuries that are associated with a slip and fall accident, payment is awarded for different classes of injury.
The principal considerations that decide the outcome of slip and fall cases revolve around three main concerns; 1) Who’s your party that’s ultimately liable for the accident? 2) Was the liable party negligent or otherwise contributed to the accident? 3) Did the damaged party contribute to their accident in any way?
General compensatory damages are likely to be awarded in slip and fall cases. This type of award serves to compensate an injured person for non-monetary damages. These harms include mental anxiety, pain and stress, and loss of companionship.
Special compensatory damages are given in legal cases where monetary expenses are incurred on behalf of the person that was injured as a direct result of the injury. The aim of these damages is to restore the plaintiff’s financial situation to where it had been before the accident. These include household bills and necessities, legal fees, cost of potential medical services and care related to the injury, and medical bills.
Atlanta Premises Liability Lawyer
The area known as “premises liability” involves scenarios where someone has been injured or killed while they were on or near property owned or controlled by another property owner or business.
In Georgia and most other states, premises liability lawsuits can be brought on by a homeowner, landlord, merchant, business franchise, land manager or government entity that negligently failed to maintain its premises reasonably safe for use by a tenant, customer, patron or another type of visitor.
Many things can make a house, business institution or piece of property possibly unsafe for visitors. Dangerous conditions can arise because of building code violations, poor maintenance or disrepair, slippery floors as a result of spills, cracked or uneven sidewalks, out-of-code steps, broken stairs or handrails, falling products, polluted pool water, mis-leveled lifts, unsafe escalators, malfunctioning smoke alarms, deficient fire security, inadequate security, or unmarked hazardous areas.
Under Georgia premises liability law, victims can hold the owner or the occupier of a property liable for negligently causing or negligently failing repair or warn about these and other conditions which result in personal injury. In addition, dog bite victims can pursue premises liability claims for failing to leash or restrain their pets.
Slip and Fall at Work
Slip and falls are one of the most frequent types of work-related accidents. The U.S. Department of Labor reports that slips, trips, and falls cause more than 25 percent of employee injuries resulting in days missed from work. According to the Federal Bureau of Labor Statistics, fatal work injuries from falls, slips, and trips have continued to trend upward since 2011, to more than 800 workers killed each year. Jobs with the highest rate of deaths stemming from falls are roofers, carpenters, tree trimmers and pruners, and tractor-trailer truck drivers.
What to Do If You Slip and Fall at Work
Employees hurt in workplace injuries have a right to workers’ compensation benefits.
Workers’ comp benefits generally include payment of medical bills, out-of-pocket expenses (for drugs, crutches, etc.), and roughly two-thirds of salary lost through recovery and treatment. Workers’ liability insurance is beneficial for workers because they don’t need to prove that the employer was at fault. Workers can qualify for benefits, even when it was their fault, with certain legal limitations.
If you have suffered this type of injury at work, the first thing you should do is get emergency medical help and immediately notify your employer. Some victims have easily visible injuries, such as bleeding wounds, broken ribs, or lack of consciousness.
Often, a worker can be injured and the symptoms develop over hours or even days but do not appear immediately. This can happen even with serious injuries, for instance, traumatic brain injuries. A brain injury lawyer can help you explore your options if you discovered the injuries after the fact.
Soft tissue injuries are another type that may not be noticed right away. These injuries, often caused by slips, trips, or falls, can manifest as bruises, sprains, and strains to muscles, tendons or joints. The pain and stiffness in soft tissue may not kick in for one or two days, but you should not delay in notifying your employer of the incident. Include details about what caused the fall, mentioning any body parts that were impacted or twisted, if your head was hit, if you felt dizziness or pain, or any other details that can indicate potential injuries from the fall. Your right to remuneration can depend on your efficiency in reporting the injuries.
After notifying your employer of your injuries and the incident, they should provide you with the forms and instructions for submitting your workers’ compensation claim. Telling your employer alone is not enough. You must file a workers’ compensation claim within the deadline in your jurisdiction or risk losing the right to be compensated for your injuries.
Workers’ compensation claims for these accidents are often straightforward. If you’ve suffered a minor injury like a sprained ankle or torn muscle, and you expect to fully recover in a couple of weeks, you likely won’t require a lawyer.
However, if you are being hassled by your employer, if your request is denied, or you don’t want to deal with the insurance company’s games, it is best to consult an experienced lawyer. If you’re seriously injured, especially in the event that you may be totally or partially disabled as a result of the injuries, you have too much to lose by challenging the insurance company on your own.
Atlanta Slip and Fall Lawyer
Insurance companies want to pay you as little as possible as quickly as possible. They have a dedicated team of lawyers whose primary aim is to benefit the interests of the insurance company, so you shouldn’t have to tackle this alone.
To receive the settlement you deserve, an experienced lawyer is needed to represent your own interests.
Slip and Fall Lawyers Can Help
The law in Georgia requires that property owners and occupants be certain that their premises are free from hazards that might cause injuries. If this duty has been violated and you have suffered injuries due to dangerous property conditions, experienced and knowledgeable Atlanta slip and fall attorneys may be able to help you recover financial damages.
Due to the complex nature of these cases, a dedicated lawyer with expertise in handling such cases to ensure that you are fairly compensated for your injuries in a case of property owner negligence.
Amircani LLC was founded in 2013 by dedicated lawyer Maha Amircani to help individuals dealing with devastating and life-changing injuries. If you or a loved one has been injured by such an accident, don’t hesitate to contact the experts at Amircani for a free consultation by phone or email.
Having to appear in Marietta Municipal Court can be distressing. However, a seasoned defense lawyer can guide you through every step of the way so you can have peace of mind. You don’t have to go through this alone, so contact the experts at Amircani Law for a free consultation today.