If you or a loved one has been injured after tripping on or over an unexpected obstacle you may have a legal claim and should contact a trip and fall lawyer Memphis TN offers. Wiseman Bray PLLC is not your average law firm. With decades of experience and a passionate zeal to get justice, we treat every client like family. To speak with a Memphis trip and fall lawyer now please call Wiseman Bray PLLC.
Losing your balance due to a surface blocked with obstacles or that is slippery may result in more than just embarrassment. You may find yourself in severe pain from an injury that will permanently alter the course of your life. Trip and falls are no laughing matter and can end with a moderate to severe damage.
As a trip and fall lawyer in Memphis, TN might explain, one of the issues with litigating a trip and fall is proving the person who owned the property was at fault. A personal injury claim can be filed if the incident happened because of negligence. See if your case passes the negligence test for proceeding forward with a lawsuit and recovering damages.
The Property Owner’s Negligence
In a trip and fall, you must show that the property owner was liable for the dangerous condition. Proving this may be difficult. The liability falls squarely on the shoulders of the owner if you can demonstrate that they knew or should have known that a dangerous condition existed that may lead to a fall. For example, if you took a tumble down steps, after a cord was left on the stairs, and wound up with a spinal injury, was the property owner ultimately responsible? If the conditions someone already reported the cord, then yes, the owner likely had a duty to remedy the situation immediately. A trip and fall lawyer in Memphis, TN can help you to determine whether the owner was negligent.
However, the other end of the argument is that you were careless, not the owner. If you saw the cord on the steps before descending and you chose to anyway, you may be found more negligent than the owner. In most states, comparative negligence exists in personal injury cases. In comparative negligence states, each party is assigned a share of responsibility for the accident that caused the injury. The higher the defendant’s negligence determination, the more damages the plaintiff may recover. Likewise, if the plaintiff is shown to have willfully ignored the evidence of a dangerous situation, there may be no damages awarded.
Through the process, if it was found that the property owner was responsible for keeping the steps free of objects, the cord was not visible, and as such, you are not found to have contributed to your trip and fall, there is a chance that you will recover compensatory damages. This financial award takes into account all of your out-of-pocket expenses associated with the injury and adds it to future medical care estimations and the income you lost while recovering. You may wind up with general or punitive damages as well depending on the severity of the spinal injury or any other injury. A good trip and fall lawyer in Memphis, TN can help you to understand what damages may be available to you.
Dealing with a life-altering injury can change your present and future in various ways. Filing a personal injury lawsuit with the help of a trip and fall lawyer in Memphis, TN may give you the chance to recover some of the money you’ve lost or will lose.
If you are ready to talk with a Memphis, Tennessee trip and fall lawyer, please call Wiseman Bray PLLC.
Trip and Fall Legal Claim FAQ
If you’ve been told, or read, that you have a pursuable legal claim against a negligent party or entity for a trip and fall injury, please consider the following questions. If you don’t see the answer you’re looking for or would like to discuss your story, you can call a trip and fall lawyer in Memphis TN for a free consultation.
What is a trip and fall claim?
A trip and fall claim involves the legal pursuit of monetary compensation after an unexpected injury occurring from tripping (or slipping) and falling as the result of the carelessness of another party.
What are common causes of a trip and fall?
A trip and fall may happen for a broad number of reasons. Some of the most common trip and fall accidents involve at least one of the following conditions:
If a trip and fall lawyer Memphis TN provides can prove your accident was caused by the negligence, carelessness, or wrongdoing of another person or entity, compensation may be available.
What injuries resulting from a trip and fall may constitute a legal claim?
It’s impossible to precisely note specific injuries which may be eligible for monetary damages. However, if you suffered from any of the following, it’s a good idea to get some advice from a trip and fall lawyer Memphis TN respects.
Who is responsible for a trip and fall accident?
It will be up to a lawyer to identify the negligent party. In general, property owners, including private residential, commercial, public, and government have a legal responsibility to maintain reasonable safe premises for those passing by. When this is not adhered to there could be ground for a legal claim.
Do I need to contact a trip and fall lawyer Memphis TN has to offers soon?
Yes, even if you are not sure of having a strong case, you should contact Wiseman Bray PLLC as soon as possible. There are strict limitations to filing a claim, and by missing this deadline, you risk being unable to seek damages.
Uneven Surfaces Trip and Fall Lawyer
Whenever you enter a home or business, you likely do not anticipate that you will become injured because of a dangerous condition on the premises. Uneven surfaces account for a large number of trip and fall accidents, and when the owner was aware of the condition, but failed to fix it or inform you of the hazard, they may be held liable under personal negligence laws. This could mean monetary compensation is available. To learn more now, you can all an uneven surfaces trip and fall lawyer from Wiseman Bray.
Liability in an Uneven Surface Case
Any owner of a property, or in some cases manager of a property, has a legal duty to maintain the premises. This includes making regular inspections of the interior and exterior to confirm whether or not any maintenance needs to be carried out. Uneven surfaces or floors are part of this maintenance, and when they are discovered, yet no action is taken to repair them, it is considered to be hazardous and a liability. Depending on the state you are in, it may also be a liability when an owner was unaware of an uneven surface at the time of a trip and fall. Due to the complex legislation encompassing this matter, it is advisable to consult a trip and fall lawyer for specific advice.
Trip and Fall Claims and Lawsuits
Many trip and fall accidents are settled out of court through negotiations on part of your lawyer. When a settlement cannot be reached, the case may be heard before a judge and jury. It will be up to them to determine whether or not the property owner acted negligently. With the right trip and fall lawyer on your side, you can feel confident in knowing your case will be prepared as if it were going to trial. Expert witness testimony, photographic evidence, witness statements, medical record analysis, and accident reconstructionists might act as an aid to prove your defense; thereby, resulting in an solid argument that cannot be refuted.
Common Causes of Uneven Surface Accidents
As one of the foremost trip and fall law firms Memphis, TN, we have handled a number of cases involving uneven surface accidents. The following are some examples that might indicate liability:
Compensation for Uneven Floor Accidents
Slipping and falling on an uneven surface can result in serious injuries. Our lawyers have worked with clients who’ve suffered from:
The medical treatment following an uneven surface injury can be costly; often exceeding $50,000. A victim should not be expected to cover these expenses. The right uneven surface trip and fall lawyer may help a victim to recover medical expenses, future treatment, lost wages, pain, suffering, loss of consortium, and more.
Get a Free Case Review from an Uneven Surface Trip and Fall Lawyer
Unexpectedly slipping and falling can be devastating and leave you to feeling confused and upset about what you should do. Realistically, the best choice you can make at this time is to speak with a trip and fall lawyer for further advice.
Whether you have slipped, tripped. Stumbled, or fallen on an uneven surface, we want to hear your story. Call a trip and fall lawyer today.
Wiseman Bray PLLC: A Law Firm On Your Side
To have all of your personal questions and concerns answered, you can contact Wiseman Bray PLLC. Our lawyers will provide you with the utmost support and legal guidance to give you the confidence you may be looking for. For a free consultation with a trip and fall lawyer Memphis TN respects, please call 901.372.5003.