Slip and Fall Lawyer Memphis, TN

Slip and Fall Lawyer Memphis, TN

Slip and fall accidents can quickly result in painful broken bones, bruises, sprains, concussions, spinal cord damage, and many other conditions. Over one million accident victims sustain an injury after a slip and fall every year in the U.S. A slip and fall can happen unexpectedly, and often victims don’t have much time to react. Depending on where the victim fell and if anyone else was partially or totally at-fault for the fall, the victim may be entitled to compensation for harm caused by the accident. Slip and fall cases can be incredibly complicated, so victims of such accidents may benefit from seeking the experienced guidance of a Memphis, Tennessee slip and fall lawyer. Although contemplating a lawsuit can be stressful, you do not have to navigate the legal aftermath of your accident alone. The team at Wiseman Bray PLLC is here to provide you with necessary guidance and support.

Who may be responsible for my injuries after the slip and fall?

Landlords and owners have a duty to upkeep their properties so they are reasonably safe and hazard-free for visitors. They need to be aware of the condition of their property and ensure the wellbeing of their residents and guests. However, there are multiple parties who can be held liable in a slip and fall case. Property managers and commercial tenants can also be pursued. If a lawyer finds evidence that a property owner or manager knew of a hazard, did not dispose of it properly or did nothing to remove it, a claim by the victim can be brought against them. 

A visitor who slipped and fell either at a retail store, apartment complex, hotel, commercial venue, public green space or other location may have grounds for a lawsuit if there was a flaw in the environment which led to the accident or negligence on the part of those who were responsible to ensure its safety. An experienced Memphis, TN slip and fall lawyer can help you understand whether the circumstances of your fall meet legal thresholds for a viable personal injury claim.

What is the difference of premises liability and slip and fall?

If you have suffered injuries in someone else’s property, you might wonder what the difference is between a premises liability and a slip and fall case. Typically, slip and fall cases are a type of premises liability claim. Premises liability cases are going to be known as personal injury claims, with the applicable party responsible for the accident in the plaintiff’s injuries. A premises liability case is when the negligent party can be the property owner, landowner or property manager.if the accident happened on government property, then the government can be held responsible.

Examples of premises liability cases, which typically arise from the property owner, fail to remedy an unsafe condition on their property. Some such examples are:

  • Slip and fall accidents which can happen almost anywhere, such as restaurants, hotels, parking garages were shopping malls. That list is not exhaustive, and you can really slip and fall anywhere that someone else owns the property. If you slipped and fell due to hazardous conditions such as broken flooring or spillage on the floor, then you may have a case against the property owner.
  • A business owner’s property owner is also going to be liable for a plaintiff’s damages under the premises liability law if the property owner found adequate security protection on their premises and the plaintiff suffered an attack or robbery. This is more often the case when incidents have happened in the property before of similar nature. Because injury and violence can be seen, the Centers for Disease Control and Prevention state the medical work loss of injuries and violence amounted to over 700 billion a year.
  • Dog or animal attacks can in some cases fall under premises liability laws. For example, the property owner is aware that the tenant owns a dangerous dog that has attacked other tenants and they do nothing to enforce the rules of the premises. They may be liable for any damages to victims of that dog.
  • Exposure to toxic substances and chemicals can be a premises liability case if you’ve been exposed to toxic substances such as asbestos, pesticides, chemical solids, mold and others in a property owner may be liable for your injuries. A property owner may be negligent if they did not follow the laws for safekeeping or safe storing of the substances.
  • Electrical accidents can also fall under premises liability laws in example where injury or death occurred due to exposed or faulty wiring.

State laws in the Federal tort claim act address the responsibilities of property owners and, in general, a property owner has to maintain a property to a reasonably safe standard. If you or your loved one suffered injuries because of the property owners carelessness, you could potentially recover compensation. However, you will have to prove that the property owner is responsible for your accident, the injuries and the damages.

What evidence do I need for a slip and fall lawsuit?

To increase your chances of having a successful legal claim, you will want to bring forward as much evidence as you can that shows how you were hurt due to the slip and fall. Even if you believe that your evidence may not amount to much, you should still present it to a lawyer so they can see for themselves if it should be included. Any piece of evidence is worth bringing to a lawyer in the early stages of your case. Evaluating your case will take time, so it’s best to speak to a lawyer as soon as you can if you are interested in filing a claim. They need enough time to gather crucial facts and information, examine photos and other evidence, and build your case. Additionally, you should consider working with your Memphis, TN slip and fall lawyer in order to gather proof that shows what had caused your accident, whether that be a broken stair, raised carpeting, products fallen into isle, puddle on floor, etc. A few examples of useful evidence can include:

  • Witness testimony of the accident
  • Photographs of the scene, visible injuries, environmental conditions, and what lead to the fall
  • CCTV recordings from nearby businesses
  • Maintenance records that show how long the hazard was present without correction
  • Medical documents that list your injuries along with medical expenses

In some cases, strict liability may apply in your slip and fall case. Strict liability is a legal term that refers to the concept that victims do not have to provide proof that the defendant was negligent. Understanding if strict liability applies to your case can be confusing, so if you have any questions you can ask a lawyer for additional help. They would be happy to explain how liability works and how it affects your particular case. 

What steps should I take after a slip and fall accident?

If you have been injured in a slip and fall accident, there are several key steps that you should take to ensure that you can file a claim without any issues. Forgetting important steps can result in delays in processing your claim, or could even be outright rejected. 

The most important thing is to get medical attention, no matter how you feel after the tumble. It is common for some slip and fall injuries to have delayed symptoms, in which signs of the injury do not arise until hours or days later. By getting a doctor exam, it also starts a record of your injuries which is likely going to be important if you choose to progress with a legal claim.

After receiving medical attention to treat your injuries, make sure to file a formal incident report. Notify the property manager or owner about the incident. Speak to witnesses that can give their account of what happened. They may have seen details from a different angle that may be helpful in supporting your case. If you do not file a report in time, it may be used against you. If you attempt to file a slip and fall claim without filing an incident report, the insurance company may question why you didn’t take action right away after the slip and fall incident. Don’t procrastinate any action because you need to make sure your report is submitted in a timely manner to boost your chances of obtaining compensation. 

When should I consult with an attorney about a lawsuit?

As soon as you feel strong enough after seeking medical attention from your injuries, consider speaking with a knowledgeable Memphis, TN slip and fall lawyer. It is advisable to meet with a lawyer to understand your legal options to the fullest. Speaking with a lawyer will not commit you to filing a suit. You are in no obligation to accept legal services immediately after a consultation. It will simply allow you to have any of your urgent questions answered as you aim to make an informed decision about your situation.

The 4 Most Common Knee Injuries After a Slip and Fall

In general, walking from one place to another is a relatively easy feat that doesn’t result in serious injury. For most of us, we don’t really think much about slipping and falling while traveling on two feet. But when it happens, our knees can be the very first body part that hits the ground. The knee structure is a complex web of ligaments, tendons, and bones. The human knees are crucial to our ability to get around. In the event of a slip and fall accident, seeking medical care right away is highly encouraged. Delaying treatment can lead to even further complications. 

Unfortunately, slip and fall accidents are not always taken seriously. The person who fell may feel so embarrassed about falling that they don’t seek help, while others may let out a small giggle if they witnessed the slip happen. But slip and falls are no joking matter, as those who take a tumble may find themselves in anguish seeking treatment from a knee doctor in the days or weeks afterwards. 

Here are four of the most common knee injuries related to slip and fall accidents:

#1 Knee Fracture

When a person falls forward after slipping, they can collapse straight onto their knees. The force of the human knee coming into abrupt contact with the ground can cause the kneecap or joint to fracture. If a fracture occurs, a person may need to undergo surgery in order for it to heal. While each fracture can vary in severity, most endure immense pain, inflammation, bruising, and stiffness. 

#2 Knee Sprain

A knee can become sprained during the slip and fall, if it gets stretched beyond its capacity. A sprain usually results from a very quick movement. Symptoms can include bruising, swelling, tenderness, stiffness, and decreased mobility. A knee sprain can be so severe that surgery is required, especially if the ligament tears (in which a popping sound may be felt or heard). Treatment for mild knee sprains may entail rest, icing, warm compressing, and knee elevation.

#3 ACL Injury

An anterior cruciate ligament (ACL) injury occurs when the knee gets bent unnaturally backwards, jolted from side to side, or when twisted suddenly. An ACL injury may be partial or complete, and can be so painful that a person is unable to apply any pressure to the knee by standing or walking. A knee doctor may try non-surgical treatment methods first. 

#4 Meniscus Tear

The joint of the knee, otherwise known as the meniscus, can tear during a slip and fall accident. During the tumble, a person may have twisted or turned their knee while the foot stayed in the same spot. It is possible for a meniscus tear to heal with physical therapy. If surgery is needed, the cartilage must be removed and can cause long-term weakness in the knee joint. Meniscus tears can also be quite painful and swelling and limited movement may be observed shortly after the slip and fall. 

Collecting Damages

When you need a slip and fall lawyer Memphis TN offers, contact Wiseman Bray, PLLC. We’ve helped many people who were injured in slip and fall accidents caused by negligence. Though slipping and falling is not all that uncommon, sometimes it can result in a serious injury. It may require the assistance of a Memphis slip and fall lawyer to recover the costs associated with such an injury. In order to afford the expensive treatments and other costs, it may be necessary to file an injury claim or a lawsuit against the liable party. Our staff at Wiseman Bray PLLC, a slip and fall lawyer Memphis TN provides, specializes in four areas of law, which are:

  • Business organization
  • Estate planning
  • Business litigation
  • Personal injury

We have two offices located in Memphis and Nashville, and our staff of seven attorneys with years of experience can assist you from start to finish with all of your legal matters. We are a slip and fall lawyer in Memphis, TN you can call on to help fight your case. We believe in a tight knit workspace where our clients become friends and feel like family. We are able to focus on our clients since we have a smaller team, which allows us to put most of our attention toward helping you receive the compensation you deserve. We can provide you with a slip and fall lawyer Memphis TN can trust. 

Negligence: A slip and fall accident can change a victim’s life forever. Serious injuries can be difficult to completely heal from, leading to permanent injury, or at least a lengthy recovery time. For this reason, it’s important to identify the negligent party. A seasoned slip and fall lawyer Memphis TN victims often work with from Wiseman Bray, PLLC may identify the negligent party or parties. Your attorney may then file a claim with their insurance company, or file a lawsuit.

  • Private and commercial property owners are legally required to maintain safe conditions for those who access their property.
  • Property owners must address hazardous conditions.
  • Not knowing that a hazard exists is not necessarily an excuse, as the owner is expected to inspect their property to make sure no hazards exist.

A slip and fall lawyer Memphis TN provides can help you identify if you have been the victim of negligence due to someone else or someone else’s property. Since it can be hard to identify at times whether your case would be considered negligent, call one of our attorneys today. We understand the financial trouble an accident can bring, especially if it comes with large medical bills and many days without work. Our attorneys realize this, and can try and relieve some of the weight this has placed in your life.

Hazards that Commonly Cause Slip and Fall Accidents

A slip and fall accident can be caused by virtually anything. If you are an inept individual at times, you may want to be more aware of your surroundings so you are not involved in a slip and fall accident. If you are a victim due to someone else’s negligence, and are in need of a slip and fall lawyer Memphis TN provides, here are a few common causes you can bring to your attorney’s attention:

  • Uneven floor
  • An unclear walkway, such as one with objects that cause someone to trip
  • Slippery floor, walkway, or driveway
  • Carpet that is frayed, worn, or has holes
  • Broken handrails for steps
  • Electrical cords strung across a floor
  • Rugs that slip

Damages

A slip and fall lawyer Memphis TN injury victims hire under similar circumstances may recreate the accident to determine negligence. In doing so, the negligent party can be held responsible for reimbursing you for any damages related to your injury. This is an example of why it is important to keep notes, pictures, videos, etc. of the incident and how it could have been avoidable. Here are possible damages that can be claimed:

  • Emergency room treatment
  • Hospitalization
  • Additional medical expenses, such as treatment or rehabilitation
  • Medication
  • Emotional distress
  • Lost income and medical benefits
  • Permanent disability
  • Future injury-related costs

If you are a slip and fall victim, be sure to keep any accident-related receipts for treatment or other costs. A slip and fall lawyer Memphis TN residents trust may review your damages and recommend what should be included in your claim or lawsuit. At Wiseman Bray, PLLC, our attorneys have recovered the maximum amount in damages for many of our clients.

An Experienced Slip and Fall Lawyer in Memphis TN

Slip and fall accidents may range from mild to severe. It may cause you a bruised knee, or a small scrape on the leg. In certain cases though, they can be severe enough to end in life long care or even death. Accidents of this nature can lead to large medical bills, rehabilitation costs, and loss of work and income. We do not want you to experience financial debt because of someone else’s carelessness, so call Wiseman Bray PLLC today. It is common to see many law firms take on hundreds of personal injury cases at one time, but since we want our clients to feel like family and have a personal atmosphere, we usually take on no more than fifteen injury cases at once. This allows us, a slip and fall lawyer Memphis TN provides, to meet each need of our client. We can focus on helping you earn the compensation you deserve, which will in turn help you get back on your feet.

Evidence for a Slip and Fall Accident

When someone enters a property, they are under the general assumption that the area is hazard-free and the person responsible for upkeep is maintaining a safe environment. Unfortunately, this is not always the case as landlords, property owners, retail store managers, and staff are not always as attentive as they should be when it comes to keeping others safe. Anyone who has slipped and fallen may consider filing a lawsuit for compensation for medical bills, loss of earnings, and other damages.

What is considered a slip and fall accident?

A slip and fall is when a person is hurt due to falling down, which occurs either on private, commercial or government property. These accidents can arise for a variety of reasons, including uneven pavement, puddles of slippery liquid, or other risky conditions. A victim of a slip and fall accident may have reason for a lawsuit if the injury was partially influenced by the negligence of another party.

What evidence may be required if I file a lawsuit?

If a victim of a slip and fall accident decides to sue the person responsible, meeting with a lawyer may be an important next step. The evidence for such an accident can include things like surveillance footage, witness statements, medical records, pictures of visible injuries, accident report, and photographs of the scene in addition to what caused your fall. A lawyer who is knowledgeable in personal injury cases can give you advice on what proof is most influential.

How may “comparative negligence” impact my case?

By definition, comparative negligence is the percentage of fault for both the plaintiff and defendant. What may happen, is the defendant is still awarded compensation for the slip and fall, but the amount will be reduced by what percentage he or she was at-fault for the fall. However, the plaintiff must be determined to be more than 50% responsible in order for the defendant to receive financial restitution.

Is there anything else I need to know about slip and falls?

Believe it or not, clothing can be an element of proof in your lawsuit. If you were involved in a slip and fall accident, you may want to set aside the clothes you were wearing at the time without washing. There may be scuffs, dirt, holes, or tears in your clothing that were caused because of the fall. It may be best to set these things aside until the lawsuit is complete.

Is there a need to hire an attorney for my lawsuit?

It is typically highly encouraged that a victim of a slip and fall accident hires an attorney for representation during the lawsuit. During the lawsuit, it may be only your word against the other. An attorney can provide assistance in building a strong case, offer counsel along the way, and fight for your behalf in court. Help from an attorney can be what increases your chances of the financial award you need to recover from such a setback. Contact a seasoned attorney for a free consultation. Get on the road to healing as soon as possible by recovering your damages without delay. As a victim of a serious accident, you deserve compensation for your losses. We truly believe this, and can work alongside you from the beginning to the end to help you receive compensation. With our years of experience, and passion for this field of work, call Wiseman Bray PLLC today at 901-372-5003 to reach a slip and fall lawyer Memphis TN provides.

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