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How to Receive Compensation for a Slip and Fall Accident

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How to Receive Compensation for a Slip and Fall Accident

Slip and fall accidents can happen anywhere and often occur when least expected. These accidents can lead to a range of injuries, from minor scrapes to severe fractures, head injuries, and even long-term disabilities. Given the physical, emotional, and financial impact, it’s essential to know how to seek compensation for your injuries. This article aims to provide a thorough understanding of how to go about it.

Why Slip and Fall Cases are Complex

Slip and fall cases are not straightforward because proving negligence is often complicated. Typically, the victim needs to show that the property owner was aware (or should have been aware) of the hazardous condition but did nothing to correct it. Demonstrating this requires collecting evidence, including photos, witness statements, and expert testimonies.

Calculating Compensation

The amount of compensation you can claim depends on several factors, such as the severity of your injuries, medical expenses, lost income, and future care requirements. You may also be eligible for non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. 

Types of Damages You Can Claim

You may be eligible to receive compensation for the following:

Medical Expenses: This covers the cost of hospital stays, surgeries, medication, and any future medical needs.

Lost Wages: If your injuries prevent you from working, you can claim compensation for the income you’ve lost.

Pain and Suffering: Emotional and psychological distress caused by the accident can also be claimed.

Types of Premises

Understanding the type of premises where the slip and fall accident occurred is crucial, as different laws may apply. These can include:

  • Commercial properties (like malls and restaurants)
  • Private residences
  • Government buildings
  • Industrial settings

Different types of premises often have specific laws and regulations, making it essential to consult an attorney with expertise in premises liability.

Examples of Premises Liability Claims

While slip and fall accidents are common grounds for premises liability lawsuits, there are different conditions and situations where a property owner might be found negligent. Some common causes of premises liability accidents include:

  • Loose Carpets and Floorboards: An unsecured carpet or loose floorboard can easily cause someone to trip and fall.
  • Building Code Violations: Failing to comply with local building codes can create hazardous conditions.
  • Swimming Pool Accidents: Lack of appropriate safety measures around swimming pools can lead to severe injuries or even fatalities.
  • Dog Bites and Attacks: Property owners are generally responsible for the behavior of pets on their property.
  • Defective Elevators and Escalators: Mechanical failures can result in dangerous conditions for users.
  • Accidents Involving Stairs and Porches: Missing railings or poorly maintained stairs can be hazardous.
  • Failure to Provide Adequate Security: Inadequate security measures can make a property owner liable for crimes committed on their premises.
  • Failure to Clean Up Spilled Liquids: A simple spill can turn into a hazardous condition if not promptly addressed.
  • Cluttered Walkways: Obstructed paths can result in trip and fall accidents.

How to Prove a Premises Liability Lawsuit in Georgia

In Georgia, as in most states, proving a premises liability case revolves around establishing negligence on the property owner’s part. To win a premises liability lawsuit, you’ll need to demonstrate four critical elements:

  1. Duty of Care: The property owner had a responsibility to maintain safe conditions on the premises.
  2. Breach of Duty: The property owner failed to uphold this duty.
  3. Causation: This failure caused your accident and subsequent injuries.
  4. Damages: You’ve incurred losses that can be quantified and claimed.

Legal Procedures: Filing a Claim

  • Initial Consultation: Consult a skilled personal injury attorney who specializes in slip and fall accidents.
  • Investigation: Your attorney will collect all necessary evidence, including medical records and witness statements.
  • Filing the Claim: A formal complaint will be filed against the defendant (the property owner), stating your case and the compensation you seek.
  • Negotiation: Most cases are settled outside of court through negotiation between both parties’ attorneys.
  • Litigation: If a settlement isn’t reached, the case proceeds to court where it will be presented before a judge or jury.

Criteria for Choosing an Attorney

Experience: Ensure they have substantial experience in slip and fall cases.

Reputation: Research reviews or get recommendations.

Fees: Most attorneys work on a contingency fee basis, only charging if you win.

Consulting a Personal Injury Attorney

The complexity of slip and fall cases underscores the importance of consulting a personal injury attorney with experience in this area. A qualified lawyer can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.

In summary, slip and fall accidents can be both physically and emotionally devastating. Navigating the maze of medical bills, insurance claims, and legal avenues can add to the stress. But with proper guidance and a solid legal strategy, you can get the compensation you deserve for your pain and suffering.

If you or a loved one have been affected by a slip and fall accident, please get in touch with us at Castan Lecca & Boeschen. Our experienced attorneys are here to guide you through every step of the legal process and help you secure the compensation you rightly deserve.

 

You may also be interested in: How can a premises liability attorney help me in Altanta?

 

 

 

 

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Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

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Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

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Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.