A Guide to Slip and Fall Accident Lawsuits in Phoenix
March 6, 2023
Slip-and-fall accidents are common occurrences in the Phoenix area and can happen anywhere. If you or a loved one has been injured in a slip-and-fall incident, contact a Zanes Law slip-and-fall accident lawyer because you may be entitled to financial compensation for medical expenses, pain and suffering, and other damages.
Pursuing a lawsuit can be complex, so it’s important to understand the laws and procedures involved. This guide will provide everything you need to know about pursuing a slip-and-fall accident lawsuit in Phoenix.
Common Slip-and-Fall Injuries
Slip-and-fall accidents can result in various injuries, ranging from minor to severe. Common injuries sustained in these accidents include:
- Soft tissue injuries: Sprains, strains, and bruises often result from an accidental fall. These injuries can be painful and take several weeks to heal.
- Broken bones: Slipping and falling can cause broken bones, particularly wrists, arms, ankles, and hips. In many cases, accident victims need surgery to repair the broken bone.
- Head injuries: Falls are a leading cause of traumatic brain injuries (TBIs), ranging from mild concussions to severe brain damage resulting in long-term cognitive impairment.
- Spinal cord injuries: Slip-and-fall accidents can also result in spinal cord injuries, causing paralysis or loss of sensation in the affected area.
After sustaining any of these injuries in a fall, seek medical attention immediately. Doing so is important for your health and your personal injury case.
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Proving Fault in a Slip-and-Fall Case: Tips and Strategies
The first step in a successful accident claim is proving that a negligent party is responsible for your injuries. Proving fault in a slip-and-fall case can be challenging, but this step is necessary to ensure you receive fair compensation for your injuries.
To prove fault, you must show that the property owner or occupier was negligent and responsible for your fall.
An effective strategy for proving fault is to gather as much evidence as possible from the accident scene. This evidence could include photographs, witness statements, and incident reports. Also, remember to seek medical care as soon as possible, as your medical records can serve as valuable evidence in court.
Working With a Qualified Lawyer
Another tip for proving fault in a slip-and-fall claim is to work with a personal injury attorney with successful case results in similar accidents. An experienced attorney can help you navigate the legal process, gather evidence, and build a solid case.
Establishing Negligence in a Slip-and-Fall Lawsuit: Essential Steps
In a slip-and-fall case, it’s essential to prove four elements. These include:
- Duty of care: The property owner was legally obligated to maintain a safe environment for visitors.
- Breach of duty: The property owner failed to uphold their duty of care by not taking reasonable steps to prevent or promptly fix hazards.
- Causation: The property owner’s breach of duty directly caused the slip-and-fall accident.
- Damages: The victim suffered damages such as medical expenses, lost wages, or pain and suffering due to the fall.
Here are some specific steps to establish the above elements in your slip-and-fall case:
- Gather evidence such as photos, witness statements, and incident reports.
- Document the dangerous condition (such as a wet floor or broken handrail) that caused the fall.
- Determine if the property owner knew or should have known about the hazard and failed to address it.
- Show that you or your loved one suffered damages due to the accident.
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Understanding the Forms of Compensation Available for a Slip-and-Fall Injury
When you suffer from a fall on someone else’s property, you may be entitled to various forms of compensation. Understanding these potential damages can help you negotiate a settlement or award that meets your needs.
Here are some of the most common forms of compensation available for slip-and-fall injuries:
- Medical expenses: This form of compensation covers the cost of medical treatment related to your slip-and-fall injury, including emergency room visits, doctor’s appointments, hospitalization, rehabilitation, prescription medications, and medical equipment.
- Lost income: Compensation for lost income covers the wages and benefits you would have earned had you not had to miss work due to the accident.
- Pain and suffering: Compensation for pain and suffering covers the physical and emotional pain you experienced due to your injury.
- Property damage: If your personal property, such as clothing or a cell phone, was damaged in the fall, you may be entitled to compensation for repairing or replacing it.
- Wrongful death: If your loved one passed away due to a slip-and-fall accident, you might be entitled to compensation for final expenses and the loss of their support and companionship.
Remember that every case is unique, and the compensation you may receive will vary depending on the severity of your injuries and the circumstances of your accident.
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Suing the Liable Party After a Slip-and-Fall Incident
When a settlement cannot be reached in a slip-and-fall case, the injured party may file a lawsuit against the negligent party. Bringing a lawsuit is a serious step, and working with a personal injury attorney who can help guide you through the legal process is crucial.
If you want to pursue a personal injury claim and keep the option open to sue, it’s important to act quickly. Insurance companies have deadlines, and so do Arizona courts.
Time Limit for Filing a Personal Injury Lawsuit in Arizona
Arizona has a statute of limitations for filing a personal injury lawsuit. It is important to understand this time limit to protect your legal rights. Here are some essential points to keep in mind:
- According to Arizona Revised Statutes § 12-542, the statute of limitations for filing a personal injury claim with the court system is two years from the injury date. Barring unique circumstances, if you are injured in a slip-and-fall incident, you must file a lawsuit within two years of the accident.
- It is important to note that there are exceptions to this rule, and the time limit can vary depending on the circumstances of your case. For example, if the liable party is a government entity, the window of opportunity for filing a claim may be shorter than two years.
- Failing to file within the applicable statute of limitations can result in your case being dismissed, and you may lose your opportunity to seek compensation. That’s why it’s important to consult with an attorney as soon as possible after an accident.
Working with a personal injury attorney can help ensure that your case is filed before the deadline and that you have the best possible chance of obtaining compensation for your injuries.
Contact a Phoenix Personal Injury Lawyer
We understand that slip-and-fall accidents can be traumatic and result in serious injuries. But, unfortunately, insurance companies don’t have your best interests at heart and will try to settle for less than your case is worth.
The Phoenix slip-and-fall attorneys at Zanes Law are here for you during this challenging time. We can help you seek compensation for your medical expenses, lost income, pain and suffering, and other damages. Remember, time is of the essence in these cases, so don’t wait to get started.
Contact us today to discuss your accident and start the process of pursuing legal action.