Many people chalk slip and fall accidents up to someone’s clumsiness. They think that accidents happen and that they are a part of life. Slips and falls are like any other instance of another party’s carelessness, the same as any other accident. When someone else is to blame for your injuries, a court can order that they pay for them. First, you need to prove that they are at fault. Doing so is not always an easy process, but it could benefit from an experienced Tucson slip and fall lawyer.

The attorneys at Zanes Law Injury Lawyers take on slip and fall claims against many different parties, including major corporations. Never minimize your losses from a slip and fall injury, as you have the right to compensation if another party was at fault. Contact us for a free case evaluation as soon as you can.

Slip and Fall Accidents

Tucson Slip and Fall Accident LawyerThe Zanes Law Tucson slip and fall attorneys see four generalized categories of slip and fall accidents:

Tripping and then falling down

When there is something in the walkway that you fall over. For example, a stack of books in a walkway that is normally clear. Also, where there is actually something that you catch your foot on like a power cord that runs between two cubicles.

Stepping and falling into a hole

Where you step into a hole that should not be there, such as a missing manhole cover or utility cover in the sidewalk.

Slipping and falling

This is when you slip and fall because the floor is wet or greasy and there are no warning signs posted anywhere.

Causes of Slip-and-Falls

Tucson Metro Chamber awards_logo2Most slip and fall accidents seen by our Tucson slip and fall attorneys occur in a business setting. It is these negligent business or property owners who cause the dangerous condition that has hurt you. Therefore, these cases are known as premise liability cases. Our Tucson slip and fall attorneys regularly see the following hazardous conditions:

• Damaged walkways, driveways, or paths leading to the business. This includes sidewalks that have shifted and potholes in any of these areas.
• Unmarked danger zones. This includes failing to post wet floor signs, notifying the public of uneven pavement or flooring, or other dangerous areas to walk in.
• Improperly maintained stairways. This includes missing or broken handrails and failure to put slip-resistant coverings on the stairs.
• Inadequate of missing lighting in walk areas and stairwells.
• Failure to remove snow and ice and treat ground accordingly to prevent it from becoming slippery.
• Failure to keep walkways free from debris or clutter making it difficult to maneuver.

How to Determine Liability in a Tucson Slip and Fall Case

Slip and fall cases are like any other personal injury case. The standard for judging whether someone else is responsible is negligence. It is applied slightly differently in a slip and fall case. The usual four-part test of negligence applies to slip and fall claims.

You must prove that:

  • The other party owed you the duty of care.
  • They breached that duty of care by acting unreasonably under the circumstances.
  • You were injured.
  • You would not have sustained an injury had it not been for the acts or omissions of the other party.

The law considers an individual twist in a slip and fall case to be unreasonable conduct.

Generally, there are two ways that a defendant could act unreasonably:

  • The defendant caused the dangerous conditions themselves.
  • Someone else caused the dangerous condition, and the defendant did not remedy it within a reasonable amount of time or did not warn the public about it.

Not Every Accident Is Negligence

To be clear, the defendant is not the absolute guarantor of your safety in every case. There are some times when accidents really do happen by unforeseen chance. However, if there is a dangerous condition, the defendant must take action sooner rather than later. They cannot use the ostrich approach.

In a store context, they would need to either clean the spill or place a caution sign on the floor. If the store themselves caused the condition, even a “wet floor” sign may not be enough to get them out of being liable.

You May Need to Fight the Insurance Company

Tucson slip and fall cases are not always the easiest claims to prove. The insurance company takes a very skeptical view towards these claims because they can. They know that evidence that can prove what happened may not be easy to find. Thus, they will take a “prove it” attitude towards your claim, and they will not hesitate to deny it if they feel that evidence does not sufficiently back it up.

The mere fact that you fell is not enough to merit damages. Instead, you must show that the defendant did something wrong. It is common knowledge that people will occasionally fall, and nobody will be at fault. In other words, you must quickly identify the cause of the fall. Without knowing why you fell, you cannot receive compensation. Guesswork does not work in your case.

Evidence That Can Prove Your Tucson Slip and Fall Case

Without evidence, all you have on your side is your own word about what happened. Usually, this is not enough to persuade the insurance company to pay out the claim, nor will it carry much weight with the jury. However, slip and fall evidence does not have a long shelf life after your accident. If you do not gather it practically right away, it could be lost forever, costing you the chance to prove your claim.

Potential evidence used to back up your side of the story in a slip and fall claim includes:

  • Photographs or video of the dangerous condition that caused your injury
  • Security camera footage of the scene before your accident
  • Witness statements and testimony from people who saw the accident
  • Accident reports
  • Maintenance logs of the area where the accident happened

When the evidence is on your side, you can still expect the defendant to not go down without a fight. One way that they try to escape liability is by pinning the blame for the accident on you. They may claim that you were careless yourself and caused your injuries. They could also argue that the condition was open and obvious and that you should have seen it. These potential defenses are why you need a lawyer to help you overcome these defenses. Your compensation check could be at stake.

Even if you can prove liability, this is just the start of your accident compensation process. You need to then agree on a number for your settlement check, an entirely different process that could be equally difficult.

Injuries Seen By our Slip and Fall Lawyers in Tucson

Slip and Fall Lawyers in Tucson

The slip and fall process begins with the medical diagnosis of your injuries. Injuries that are common in a slip and fall accident include:

You should seek medical care immediately after your slip and fall case. The insurance company is all too eager to try to deny your claim with an argument that your injury really came from something else. Not only will diagnosis and treatment help you recover from your injuries, but they will also begin to lay the groundwork for your compensation claim.

Why Slip and Fall Injuries Happen

Slip and fall injuries happen for a variety of reasons, including:

  • Spills on floors that parties do not promptly address
  • Cracked sidewalk or pavement that is in disrepair
  • Debris left in walkways where people pass
  • Wet weather conditions that make surfaces slippery
  • Torn carpeting that someone failed to replace
  • Loose floorboard or nails coming up from the floor

All of these are examples of things that are easily avoidable. In most slip and fall cases, the theme is that these injuries are preventable. Millions of people suffer injuries in falls each year, but not all of them have legal grounds to sue. Sometimes, accidents do happen.

However, when a slip and fall was not truly an accident, a tough lawyer could help hold the responsible party financially accountable.

Injured? Why Hire Zanes Law

ASLA awards_logo3The Zanes Law Tucson slip and fall attorneys have been fighting for the rights of injured clients for over fifteen years. Also, we fight for clients injured by the negligence of property owners and business owners every single day.

We figure out what happened

You slipped and fell in a particular place and might have even had to go to the hospital. There are extreme cases where people have been killed in slip and fall accidents, which means their loved ones need to file wrongful death suits. Because slip and fall accidents are complex, you need the Zanes Law Tucson slip and fall attorneys to look deep into your case to determine what really happened. We will not file your case in court until we know exactly what is going on. You must give your Tucson slip and fall attorneys all the information you have.

Our Tucson Slip and Fall Attorneys Are Experienced

The lawyer you hire from Zanes Law is the one who will determine the type of case you have. He or she will figure out if someone was personally responsible for your slip and fall or if a company or government was responsible. Your lawyer will evaluate how bad your injuries were and assertain everything that could have happened to you after the accident. The type of case you have dictates how difficult it might be for you to get compensated. Furthermore, your lawyer will advise you on how the case is likely to play out.

We will help you deal with your injuries

You went to the hospital, suffered a disabling injury, or even worse. Also you lost your job because of your injury. In short, Slip and fall accidents change lives.  Therefore, the Zanes Law slip and fall lawyers in Tucson will help you put the pieces back together. The effects of your accident could last for years, which is why you are filing a claim for damages. You deserve to have a life that is not constantly swallowed up by your injury, and you can try to get compensation from the people who caused the accident. Our Tucson slip and fall lawyers work hard and get you the money you deserve.

What Do You Get from Your Case?

Slip and fall accidents cause serious injuries.  Because of this, our Tucson slip and fall attorneys get you compensation for your pain and suffering. We make the insurance company settle. Your Tucson slip and fall attorneys at Zanes Law will represent you in the best possible manner. Don’t live without the compensation that you deserve. Let our slip and fall lawyers in Tucson take the stress off of you.  We handle everything so that you can have a normal life again.

Slip and Fall Case Results

Why You Need to Call an Attorney Early

Another early call to make is to an attorney. The later you begin the compensation process, the more difficult it may be to receive a settlement. Your lawyer needs to begin work soon to gather evidence and begin to deal with the insurance company. You have a limited amount of time to file a lawsuit in Arizona. Ideally, you would not use all of this time to prepare your case.

It is crucial to speak with your lawyer right after your injury.

Your lawyer will have many questions for you about your fall and the way that the premises looked at the time of your injury, including:

  • The exact location of your injury
  • Whether you noticed something unusual before you fell
  • The type of surface of the floor or walkway
  • Whether the surface was dry or wet
  • The lighting conditions at the time of the fall
  • Whether there were signs alerting people of a possibly dangerous condition

Possible Defendants in a Slip and Fall Case

The next question is who you can sue in a slip and fall case. The issue is generally who has control over the area where you fell.

Potential defendants include:

  • The landlord who owns the property
  • The store that leases the property from the landlord, if they have assumed full control of the property
  • The owner of the home where you fell
  • The city, if you fell because of damaged sidewalks

Of course, you are better off when you can file a lawsuit against a corporate defendant. They have a bigger insurance policy in place with more coverage, meaning there is less of a chance of a judgment against an individual defendant that you would have difficulty collecting.

Dealing With an Insurance Company in Your Slip and Fall Case

In any slip and fall case, you are dealing with an insurance company. Whether it is a homeowners’ or a business insurance policy, the practices of the insurance company will still be the same. They do not like to pay out money, as any dollar that they give you is one less dollar for their profit statement. Their shareholders or owners have profits on the top of their minds, so they will make it as hard as possible for you to get your money.

The insurance company will really try to minimize the severity of your injury. They will act like it is no big deal and offer you a paltry settlement. They expect you to be grateful that they even offered you money in the first place and that you will rush to accept it. With Zanes Law on your side, you will not fall for that trick. You will have the legal right to hold out for what is right. Your legal right is to receive full compensation for your injuries. Never assume that your slip and fall injuries are minor and that they will only result in little compensation. This assumption is a myth about the claims process that the insurance company wants you to believe.

Your Compensation in a Tucson Slip and Fall Case

Your slip and fall damages should pay you for everything that you have lost in the accident, including the money out of your pocket and your loss of health.

You could receive compensation for the following in a slip and fall claim:

  • Medical bills – Compensation would cover both the treatment that you received in the past and your continued medical treatment into the future.
  • Rehabilitation costs
  • Lost wages – Not only can you receive payment for time missed from work, but you could also receive payment if your injuries reduce your earnings capacity throughout your career.
  • Inability to perform the activities and enjoy your daily life
  • Pain and suffering

There are some parts of your claim that are more subjective to value than others. For example, the insurance company will always underestimate your pain and suffering. After all, they are not in your shoes and have no idea what you are living with daily. Pain and suffering is one particular area where you need an attorney to fight.

How the Insurance Company Lowballs Your Settlement Offer

What happens is that the insurance company may try to throw a few crumbs your way, and you will need to fight them for now. You would reject a low settlement offer and counter with a demand of your own. At the end of the day, the legal rights are yours. The insurance company does not replace the jury. While personal injury trials are rare, you always have the right to file a lawsuit in your case. We will help you review the settlement offer line by line and advise you whether it fairly pays you back for what you have lost.

Doug Zanes

Doug Zanes, Tucson Slip and Fall Lawyer

At the end of the day, you need a lawyer with a reputation for being tough. After some time, slip and fall attorneys begin to get their own reputation with the insurance company. If a lawyer always advises their client to take a quick settlement below the value of their claim, the insurance company knows this. They also know whether they are dealing with a lawyer who will not hesitate to turn up the legal pressure on them.

Call Now Our Tucson Slip and Fall Accident Lawyers

At Zanes Law Injury Lawyers, we know that insurance companies do not like us because we have a reputation for toughness. When they see us coming, they know that they have a fight on their hands. When you are suffering the physical and financial effects of a slip and fall injury, you cannot afford to sell your own legal rights short. Contact our Tucson slip and fall lawyers at (520) 777-7777 for help, and we’ll get started right now with your free claim consultation.

Tucson Office
4580 E Grant Rd #101
Tucson, AZ 85712
(520) 777-7777

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