Determining liability in a slip-and-fall accident isn’t always easy. If you sustained injuries in one of these accidents in the Las Vegas area, our experienced Las Vegas slip and fall lawyers at McDonald Worley can help. Our personal injury attorneys can identify the responsible party in your case so that you can seek compensation for your injuries.
The circumstances of your case will largely determine who is responsible. In some cases, negligence can be attributed to an individual. Other times, the responsibility lies with a business, an organization, or another group that failed to maintain safe conditions on their property.
Data published by the Bureau of Labor Statistics shows that slip-and-fall accidents affect more than a million people in America annually. At McDonald Worley, our qualified lawyers are committed to helping anyone injured in one of these accidents in the Las Vegas area so that they have the resources that they need to recover.
From on-the-job accidents to accidents that occur at stores, restaurants, or casinos, we deal with slip-and-fall cases involving a variety of different situations in Clark County, Nevada. Our top-quality legal services enable us to consistently help our clients get successful outcomes in their cases. Contact us today and schedule a case review at no cost to you.
Table of Contents
- 1 How Is The Value Of A Slip-and-Fall Case Calculated?
- 2 What Are The Benefits Of Working With Slip-And-Fall Lawyers In Las Vegas?
- 3 Does A Slip-And-Fall Claim Have To Be Filed Within A Specific Amount Of Time?
- 4 What Are Some Of The Most Common Types Of Damages Involved In Slip-And-Fall Cases?
- 5 Determining Who Was At Fault In Slip-And-Fall Accidents
- 6 What Are The Different Categories For Slip-And-Fall Cases?
- 7 How Are Slip-And-Fall Accidents Most Commonly Caused?
- 8 Slip-And-Fall Accident Statistics
- 9 Let McDonald Worley Help You Get The Money You Deserve
How Is The Value Of A Slip-and-Fall Case Calculated?
Going to trial is not an easy process. Not only does it take a lot of time but it also creates a lot of extra stress. Sometimes, taking legal action is the only option for people to recover the money they deserve. Other times, however, it can be avoided through the use of settlements. The owners of the property where the accident occurred often are willing to negotiate a settlement to avoid having to go to trial. Court costs can quickly add up and cases can draw attention, which is the last thing that most property owners want. Our Las Vegas slip and fall lawyers here at McDonald Worley are frequently able to negotiate settlements on behalf of our clients, helping them avoid having to go through the stress of a trial.
When you come to us with a case, our first job is to conduct an investigation. The goal of this investigation is to identify the underlying cause of the incident to determine whether or not the owner of the property is liable. We also discuss your case with any medical professionals that you have visited to find out as much as we can about your injuries. This includes learning more about any ongoing treatment or rehabilitation that you may require in the future. If you have been forced to miss work as a result of your injuries, we can also include your lost wages as part of your claim.
Our slip and fall lawyers in Las Vegas have worked closely with many clients who suffered injuries in slip-and-fall accidents caused by someone else’s negligence. Our clients not only include people who live in Las Vegas but also people who are visiting from other states. Our goal is to help you build an air-tight case so that you can get all of the money that you deserve.
What Are The Benefits Of Working With Slip-And-Fall Lawyers In Las Vegas?
When slip-and-fall injuries occur, it is important to seek legal advice. The Las Vegas slip and fall lawyers at McDonald Worley can help you determine the best course of action when it comes to recovering the money you are owed. When putting together your case, our focus is on showing how the negligence of the other party led to your injuries.
When discussing your case, we will let you know which points are the strongest and which points are the weakest. This allows us to come up with a strategy that increases the likelihood of success. Getting over your injuries after a slip-and-fall accident is far from easy. The good news is, you don’t have to do it on your own.
Does A Slip-And-Fall Claim Have To Be Filed Within A Specific Amount Of Time?
Anyone injured in an accident resulting from a property owner’s failure to maintain safe conditions can file a claim for up to two years. Accidents that only involve property damage rather than injuries, on the other hand, need to be filed within three years.
What Are Some Of The Most Common Types Of Damages Involved In Slip-And-Fall Cases?
The injuries resulting from slip-and-fall accidents are often extremely expensive to treat, leaving many victims struggling to pay their bills. Along with visits to the doctor, bills for emergency services, surgery, medication, and rehabilitation can quickly add up. Even worse, major injuries can leave victims with lifelong pain or long-term disabilities. Depending on the nature of their injuries, victims may not be able to work for a long period. Not having a regular source of income can make it even harder to keep up with medical expenses.
Spouses and family members may be forced to take time off of work, as well, to care for the injured party. Alternatively, they may have to hire professionals to help with tasks around the home or to assist with caring for young children. These extra expenses can make it even harder for families to keep up – particularly if they are underinsured or are getting by on a fixed income.
Luckily, people injured in accidents like these can include their medical costs in their claims. They also can include the following:
- Wages that they lost as a result of the accident, including income that they would have made in the future
- Damage to their property
- Loss of consortium
- Pain or suffering
Determining Who Was At Fault In Slip-And-Fall Accidents
Plaintiffs in slip-and-fall cases have to show that the property was owned by the defendant or that the defendant was in charge of it when the injury occurred. Along with that, they also have to prove the following:
- The property was unsafe
- The owner of the property either knew about the unsafe conditions or should have known
- The owner of the property could have notified visitors of the unsafe conditions or could have made repairs but failed to do either
From a legal standpoint, property owners are responsible for covering the cost of any injuries that victims sustain if they had implied or actual notice of unsafe conditions on the property. In situations where the unsafe conditions were created by the owner, the court assumes that they were aware of the problem.
- The court also considers the following when determining whether or not the owner of the property or the landlord routinely made an effort to create a safe environment:
- The amount of time that the unsafe situation was present
- Whether or not the property owner regularly maintained the environment
- The underlying cause of the unsafe conditions
- Whether or not the unsafe conditions could have been eliminated
- If a hazard was involved, whether or not that hazard could have been put in a safer place without causing a major inconvenience for the owner of the property
- Whether a sign warning about the safety hazard could have prevented the injury
What Are The Different Categories For Slip-And-Fall Cases?
Accidents that involve falling usually are classified in one of the following four categories:
These cases involve obstructions in the walking surface itself. For instance, if part of the floor has heaved up higher than the rest, it could cause someone to fall.
These cases occur when objects are in the walking area that shouldn’t be there. For instance, if a walkway is normally free from obstructions and suddenly there is a pile of books there, it would create a tripping hazard.
These cases occur when the bottom of someone’s foot or shoe slips against the surface of the floor. For instance, if the floor is covered with grease or if it is wet and there aren’t any signs warning of the danger, someone could easily fall.
These incidents happen when holes or other openings in the walking surface cause someone to trip or fall. For instance, if a manhole cover was not properly replaced, it could create a hazard.
How Are Slip-And-Fall Accidents Most Commonly Caused?
Businesses are the most frequent places where slip-and-fall accidents take place. Accidents like these are classified in the category of premise liability since they usually are the result of the owner of the property failing to adequately maintain the area where the accident took place.
- Problems with pathways, sidewalks or driveways that consumers or patrons use to get to the business. Common issues include uneven sidewalks or potholes.
- Dangerous areas that aren’t properly marked. For instance, wet floor surfaces, uneven surfaces, or other potential hazards that don’t have any warning signs.
- Improperly maintained stairways. This may involve handrails that are broken or that haven’t been properly installed or stairs that don’t have non-slip tread.
- Poorly lit stairs or walkways.
- Improperly dealing with ice, snow, or other slippery conditions caused by the weather.
- Failing to remove obstacles or debris from pathways or sidewalks, creating challenging walking conditions.
Any time someone is injured in a slip-and-fall accident, it is important to see a doctor right away, no matter how insignificant the injury may seem. Common injuries that occur as a result of these accidents include:
- Concussions or traumatic brain injuries. Whenever your head comes in contact with a hard surface, major injuries can occur.
- Injuries to the spine or neck. When you fall, your body may twist, causing injuries to your neck or spine. These types of injuries can also occur when your body comes in contact with the ground.
- Elbow, wrist, and rotator cuff injuries. When you are falling, it is only natural to put your arms out to catch yourself. This can lead to injuries anywhere on the arm or shoulder.
- Lower back and tailbone injuries. If you fall backward, you can injure your tailbone or your lower back.
- Hip or ankle problems. When falling, the body may twist, causing injuries to the ankles or hips.
- When a slip-and-fall accident occurs, the first thing that you need to do is file a report about the accident directly with the business or organization where the incident took place. If you can, snap photos of the accident scene or have someone else do it for you. Jot down as many details as you can about the accident, including the events that took place immediately before it. Filing your claim will go a lot more smoothly if you have information like this available.
Slip-And-Fall Accident Statistics
In the state of Nevada as well as across the entire US, injuries are commonly caused by slip-and-fall accidents. Usually, people don’t worry about accidents like these until they are personally affected.
People often underestimate the costs associated with slip-and-fall accidents, as well. Anyone who has sustained an injury in an accident like this should hire a personal injury law firm in Las Vegas to represent them. Working with a qualified legal team is the best way to ensure that the liable party is held responsible for their negligence. To understand just how serious accidents like these are, check out these 10 statistics:
1. Slip-and-fall accidents account for over a million emergency room visits on an annual basis.
Every year, more than a million people are forced to seek emergency medical care as a result of a slip-and-fall accident. When you break that number down, it means that over 2,000 people in the US are injured in accidents like these every single day. Falls account for close to 8 million visits to the emergency room every year. Approximately 12% of those falls are the direct result of slip-and-fall accidents.
2. The costs incurred as a result of a slip-and-fall accident usually fall between $30,000-$40,000.
The Centers for Disease Control and Prevention recently published data showing that slip-and-fall accidents usually result in hospital-related expenses of over $30,000. According to a different source, slip-and-fall accidents that are related to the snow usually wind up costing anywhere from $33,000-$48,000. Dealing with such huge expenses can financially ruin families. More than that, expenses like these also lead to higher insurance prices for everyone.
3. Broken bones occur in about 5% of slip-and-fall accidents.
If you slip and fall, you have about a 5% chance of breaking a bone. Major injuries occur in approximately 20% to 30% of these accidents.
Fractured bones are not only painful but they also take a long time to heal, which can be difficult from an emotional standpoint. Depending on the nature of your injuries, you may be able to include pain and suffering in your claim along with the cost of your medical expenses.
4. Falls affect about a third of people over the age of 65 annually.
The likelihood of falling increases as you grow older. Unfortunately, slip-and-fall accidents are particularly dangerous for older people since severe injuries are more likely to occur. On-the-job injuries that affect people over the age of 55 are most frequently caused by slip-and-fall accidents. In nursing homes, over 60% of the resident’s experience falls a minimum of one time each year.
5. Slip-and-fall accidents are one of the top causes of injuries for people of all ages.
Although the injuries resulting from slip-and-fall accidents are more severe for elderly people, people of all ages can be affected by accidents like these. Interestingly, slip-and-fall accidents are the most common cause of injuries that are not fatal for all age groups except people between the ages of 10 and 24. For this particular age group, slip-and-fall accidents are the second-most common reason non-lethal injuries occur.
6. Falling is the leading cause of injuries to the brain.
When people think about brain injuries, they often imagine them occurring most often during sporting events. As it turns out, however, falling is the leading cause of injuries to the brain. Brain injuries are particularly challenging to deal with since victims may not understand how severely they are injured. The effects of injuries like these can last a lifetime, which is why it is so important to treat them quickly and correctly when they occur.
7. Fractured hips are most commonly caused by falling.
Out of all of the fractured hips that occur each year, 95% of them are caused by falling. Injuries like these typically require surgery to repair. These injuries can cause a lot of pain and can also lead to life-altering mobility issues.
8. Every year, the total cost of the medical expenses associated with slip-and-fall injuries exceeds $34 billion.
In the United States, the cost of slip-and-fall accidents is more than $34 billion per year. The most common reason people file for bankruptcy is because of medical expenses. Medical costs like these usually take people by surprise, leaving them financially devastated.
9. On average, slip-and-fall accidents cause victims to miss work for 11 days.
Workers who are injured in slip-and-fall accidents miss 11 days of work on average, leading to a loss of productivity for businesses.
When major injuries occur, the amount of time that workers miss can be much greater. If you are unable to work because of injuries that you sustained in a slip-and-fall accident, it may be possible for you to recover extra money for your lost wages along with the other damages you are seeking.
10. Jury trials are only held for approximately 2% of slip-and-fall cases.
Victims are usually reluctant to take their personal injury cases to court because they don’t want to have to testify. On average, however, fewer than 2% of cases involving personal injuries wind up going to trial.
When a personal injury claim is filed, you have a lot more control than you might think over whether you get a settlement or whether your case goes to court. Your lawyer can help you figure out whether your case is likely to be settled out of court or whether you need to prepare for trial.
Let McDonald Worley Help You Get The Money You Deserve
In the state of Nevada, victims of slip-and-fall accidents have a legal right to seek compensation from the person or party whose negligence caused the accident. If the accident was caused by someone else, they may be responsible for covering any expenses that you incurred.
For a free consultation, contact McDonald Worley today. Our Las Vegas slip and fall lawyers are ready to get started on your case so that we can help you get the money you are owed.