When you are injured in a slip and fall accident on someone else’s property, you have to know you have legal rights. Our experienced Henderson slip and fall lawyers at Cogburn Law can review your case and explain all your legal options. You may be entitled to seek compensation for your medical bills, lost wages, and other damages.
Schedule a free initial consultation now to tell us what happened and determine how we can help.
In Henderson, all property owners are responsible for keeping their properties in a good and safe condition for everyone that visits. Unfortunately, not every property owner lives up to this responsibility. They sometimes allow their property to be neglected and full of dangers that put visitors in harm’s way.
What Is A Slip And Fall Injury?
A slip and fall injury is an injury that occurs when a person slips or trips on someone else’s property and gets injured. These types of cases fall under the category of premises liability claims. They usually happen at a property owned or maintained by someone else, and that owner or manager can be held legally responsible for your injuries.
Why Do Slip And Fall Accidents Occur In Henderson?
Slip and fall accidents occur in Henderson for a number of different causes. Every year, around 1 million people end up in the emergency room because of a slip and fall accident. The consequences of these accidents vary, from bruises and bumps to broken bones. Some, however, can be fatal.
The most common causes of slip and fall accidents include:
- Wet floors
- Uneven flooring
- Uncleaned spills
- Lack of non-skid flooring when needed
- Bulging carpeting
- Loose cords or wires
- Poor lighting obstructing people’s view
- Bright lighting causing a glare
- Broken or missing handrails on stairs
- Broken, warped, or worn steps
Whatever caused your slip and fall accident, a property owner may be held liable for causing a dangerous condition, especially if they didn’t warn of the danger.
Who Is Responsible For A Slip And Fall In Henderson, Nevada?
In a slip and fall case, the property owner may be responsible for your injuries. Premises liability law covers slip and fall accidents that occur because of dangerous conditions on a property. The property owner can only be held liable for your slip and fall injury if:
- The property owner knew about a dangerous condition in their property and didn’t try to fix it
- The property owner should have been aware of the dangerous condition and should have taken reasonable steps to prevent injuries
- The property owner created a dangerous condition that caused the accident
Premises liability can be often decided by common sense. Most judges determine if the owner was careful or not to take the proper steps to keep their property safe. While making this determination, the law focuses on whether the owner made any regular efforts to keep their property safe, clean, or up to code.
When determining fault in a slip and fall case, other factors may be taken into consideration:
- How long did the dangerous condition exist for and if the owner had time to know about it and do anything to fix it?
- If the injured victim was careless and contributed to the accident.
Nevada has comparative negligence laws, which state that the injured victim can also be held responsible to varying degrees for an injury. If the injured victim ignored a posted sign or acted carelessly, they could be held responsible for the accident as well. This law will help determine who will receive compensation and how much.
How To Prove Negligence In A Slip And Fall Case In Henderson?
Proving negligence by the property owner can be difficult. Like we mentioned before, a property owner has the duty to maintain their property and take care of any dangers in a timely manner. It can be challenging to prove a property owner is at fault for your injuries. They can easily argue that you had all the fault for your accident. To be able to prove the property owner’s fault you have to prove that:
- The owner of the property should have known of the dangerous condition
- They knew about the dangerous condition and failed to fix it
- The owner of the property was the one who caused the dangerous condition
Proving this can be difficult, so it’s important to have an experienced slip-and-fall lawyer on your side. The timing of this is also an important factor in this kind of case. For example, if a dangerous condition existed for a while and the property owner didn’t take any steps to fix it, you may have a claim.
How Long After A Slip And Fall Can You Sue In Henderson?
In Henderson, Nevada you have two years from the date of your slip and fall injury to file a civil lawsuit. However, bear in mind, if you have accepted an insurance company’s offer, you give up the opportunity of filing a lawsuit.
How Much Can You Get from a Slip & Fall Lawsuit in Henderson?
How much you can get from a slip and fall lawsuit will depend on the severity of your injuries and other factors. However, there are many different types of compensation you can get. The most common damages include:
- Medical expenses, current, and future
- Lost wages, current, and future
- Loss of earning capacity if you can’t return to work because of your injuries
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Sometimes, depending on the case, punitive damages can also be awarded by the court. These damages are not meant to compensate you for losses caused by the accident. They are instead meant to punish the defendant for their negligent behavior.
What Should I Do After A Slip And Fall Accident In Henderson?
If you or a loved one has been injured in a slip and fall accident in Henderson, it’s important to remember the steps to take right after the incident, since they can be crucial to building a strong case.
The following are the five steps you need to take after a slip and fall accident:
#1 Seek Medical Treatment
Your health should be your number one concern after a slip and fall accident. If you’re hurt, it’s important to see a doctor so they can document your injuries properly. Your medical records will be an important piece of evidence if you decide to seek compensation.
#2 Report The Accident
No matter where your slip and fall accident happened you have to report it. Remember to write down all of the details of the accident, ask your landlord, or store manager to make a written report, and get a copy.
#3 Document Everything
Collect all potential witnesses’ contact information. Their statement will help you prove your case if you decide to file a lawsuit. Take pictures of exactly where you fell and any conditions that may have caused your fall. Write down every detail, including time and date.
#4 Don’t Give Any Statements
Stay calm and don’t give any statements to the property owner. Don’t post about it on social media. Don’t give a statement to any insurance company until you’ve talked with a slip and fall injury lawyer. Don’t take any blame.
#5 Call A Lawyer
If you’re considering taking legal action, the best idea is to have an experienced lawyer on your side. Since slip and fall cases are complex and hard to prove, you need the resources of a legal firm. They will have the knowledge and experience to recover the money you deserve.
What Are The Benefits Of Hiring A Henderson Slip And Fall Lawyer?
There are so many benefits of hiring a Henderson slip and fall lawyer, it’s the best decision you will ever make. If you were injured in a slip and fall accident, it’s very important to speak to an experienced slip and fall lawyer who has the skills to fight against a large insurance company. A few of the benefits of hiring a Henderson slip and fall lawyer include:
- They can prove that the negligence of the property owner led to a dangerous condition
- They can document all of your current and future losses related to your injury
- They work with experts to support your claim in order to get full compensation
- They take care of drafting and providing all of the court documents and they make sure your claim meets all the deadlines
- They can manage all the communication with the insurance company
- They will aggressively negotiate for a fair settlement
- They will take your case to trial in case the insurance company refuses to offer a fair settlement and work for your best interests.
Our slip and fall lawyers at Cogburn Law, will always advocate for you and work for your best interests. Our goal is to get you the maximum compensation you need to recover and move on with your life.
Why You Need a Henderson Slip and Fall Lawyer
You need a Henderson slip and fall lawyer in order to hold the responsible person for your injuries accountable and make sure your case is handled by the best. A slip and fall accident can be life-changing, or worse, fatal. Our experienced personal injury lawyers are experts in Nevada legislation and can help you get a fair settlement.
At Cogburn Law, we will make sure you are covered for your current and future medical bills, as well as any pain and suffering or loss of enjoyment of life. We will also take into account any loss of income due to your injuries. We know your slip and fall case needs relentless representation from an experienced personal injury attorney. We can give that to you. Call us now for a free initial consultation.