A slip and fall attorney can determine if you have a claim following an injury on someone else’s property. While Ohio property owners have a responsibility to ensure the safety of their premises for visitors, tenants, and others, not every slip and fall accident is grounds for a claim.
Colombo Law can help you hold the owner of a property accountable for injuries you sustain in a slip and fall. Our attorneys are well-versed in premises liability law, enabling us to advocate effectively for those who have been injured due to unsafe conditions.
For a FREE case review with a slip and fall attorney, call Colombo law at 614-362-7000 today. Our lawyers serve the victims of slip and fall accidents in Columbus and throughout Ohio.
Do I Have a Slip and Fall Claim?
A valid slip and fall claim requires a few important facts to be true:
- The property owner owed you a “duty of care” to keep their property safe.
- The property owner neglected this duty of care in some way.
- This negligence caused you to slip and fall.
- Your injuries from the accident directly resulted in compensable damages.
It is important for a slip and fall attorney to review each of these elements in light of Ohio’s premises liability laws. For example, trespassers are not owed the same duty of care as other types of visitors to a property (see Ohio Revised Code § 2305.402).
Negligence is another important consideration that may be difficult to prove. If the dangerous condition that caused you to slip and fall—such as a wet floor—had just occurred and the owner had not had time to clean it up, it would be difficult to argue that the property owner neglected their duty of care.
That said, if each of the elements above is true and can be clearly proved through the law and evidence, then you would have a viable slip and fall claim. An experienced attorney can investigate, collect evidence, and advocate for the maximum compensation you deserve.
How Do I Claim for a Slip and Fall?
The first thing you should do after suffering a slip and fall is to seek medical treatment. This is important not only for your overall health and well-being, but also for your case. If you fail to seek or receive the treatment you need, it may later be used against you to argue that your injuries were not as serious as you claim.
After receiving medical attention, we encourage you to speak with an attorney to determine next steps. Generally, a claim can be filed with the property owner’s insurance company. However, it may be necessary to file a personal injury lawsuit if the insurer refuses to compensate you fairly.
What Damages Can I Recover?
Like most personal injury claims, the damages you can recover for a slip and fall claim are broken into three distinct categories: economic damages, noneconomic damages, and punitive damages.
- Economic damages refer to the financial impact the accident has on you, such as past and future medical bills and lost wages/income.
- Noneconomic damages refer to the emotional, mental, and psychological impact of an accident, including pain and suffering, as well as loss of enjoyment of life.
- Punitive damages, while rare, may be awarded as a way to punish the defendant for their actions and discourage others from doing the same in the future.
Economic damages will generally form the basis of a claim, so make sure to keep all bills, medical documentation, and lost wages on record. The total amount of these damages may also be useful for determining the amount of noneconomic damages.
How Much Is the Compensation for a Slip and Fall?
Multiple factors go into determining how much your slip and fall claim is worth. A slip and fall attorney will closely evaluate the following:
- The severity of your injuries
- Your medical expenses to date
- The income you’ve lost to date
- Any future medical needs you have
- Your ability to work going forward
Insurance companies will generally offer less than your claim is worth. Before you accept a settlement, you should speak to a lawyer knowledgeable in slip and fall accidents claims as soon as possible.
An experienced attorney can evaluate the damages in your case and determine the compensation you are due. Your lawyer can then negotiate with the insurance company in an effort to achieve a more favorable settlement.
While most claims settle without going to court, you should work with an attorney who is willing to take your case to trial if the insurance company is unwilling to provide a fair offer. In some cases, this is the only way to obtain the maximum compensation you deserve.
Contact a Slip and Fall Attorney Today
After being injured in a slip and fall accident, you are likely to face opposition when you pursue compensation. The property owner and their insurance company will do what they can to discount your claim and downplay their responsibility.
At Colombo Law, our personal injury lawyers are here to even the playing field and ensure your rights are protected. We will help you decide the best course of action, gather evidence, interview witnesses, perform a thorough investigation, file your claim, negotiate with the property owner and/or insurance company, and—if necessary—represent you in court.