What Legal Steps Can I Take if I Was Injured in a Slip and Fall Accident in Yuma?
No one goes about their day expecting to suddenly slip, fall, and find themselves injured. Not only is it unexpected, it can be frightening and even traumatic, especially if the property owner was negligent in caring for the property, which may have led to the accident.
It seems logical that if the property owner didn’t provide adequate safety, they should be willing to pay damages for any injuries that led to financial issues such as out-of-pocket medical bills or lost wages. However, these cases are usually complex and multifaceted, and your first step should be to contact an experienced slip and fall accident attorney.
The next step may surprise you: Don’t discuss the case with anyone other than your attorney or post anything about it online, including your social media accounts. This is vital because anything you say or post (or your friends or family say or post) could be misconstrued and used against you. Once the case is concluded, there will be plenty of time to bring friends and family up to speed.
Once I’ve Hired an Attorney, What Happens Next in My Slip and Fall Injury Case?
Your attorney will build the case that you deserve financial compensation for your injuries. To do that, they’ll need to conduct investigations and collect evidence. How much evidence and how strong the evidence is can be vital to the success of your case. That can include eyewitness testimony, photos and videos taken at the accident scene, maintenance records of the facility where the accident occurred, medical bills and records, etc. Some cases benefit from bringing in experts in specific areas (such as the condition of the accident site or the extent of the injuries) to testify on your behalf.
When the evidence is convincing, the attorney will likely contact the other party’s attorney or insurance agent to begin negotiations. While this step can be time-consuming, it’s often the final one. Only about 5% of personal injury cases go to court in Arizona. The rest are settled out of court.
But if the other party refuses to negotiate, the case may need to go to court. Your attorney will work with you to establish an approach for the court proceedings and inform you of everything you need to know.
Negotiations or court proceedings take varying amounts of time, depending on the case’s specifics. Many people opt to settle because they’re likely to receive compensation sooner without running up significant legal bills while preparing for trial.
What Has to Be Proven to Win a Slip and Fall Accident Case in Arizona?
There are four elements of negligence, all of which must be proven for a case to be successful.
- Duty of care. Someone should have provided reasonable safety and safe conditions to the victim.
- Breach of the duty of care. They didn’t provide that reasonable safety. For example, a public stairway had a broken light that wasn’t repaired in an acceptable period.
- Causation. This means the negligence caused the accident. In the example above, someone fell on the stairs because they couldn’t see due to the broken light. If the light had been repaired, the accident could have been avoided.
- Damages. The victim suffered injuries and financial losses because of the accident.
What Is Arizona’s Comparative Negligence Law?
Comparative negligence laws come into play in personal injury cases when it’s possible that more than one person was at fault for the accident that caused the injury. In the example above, if the victim fell down the dark stairs but was found to be under the influence of alcohol, they may be held partly at fault for the accident.
Arizona is one of only a few states that use pure comparative negligence. That means if the victim is found even 99% at fault for the accident, they can still receive damages. However, the amount of damages will be reduced by the percentage of fault. If they’re found 25% at fault, the damages awarded will be reduced by 25%.
This is a key reason not to speak with anyone (including the other party’s attorney or insurance representative) other than your attorney. Anything you say or post online could be misinterpreted and used against you, claiming you take at least some of the fault. The other party will work hard to push as much fault on you as possible to reduce the amount they must pay.
Is There a Statute of Limitations for Filing Claims for a Slip and Fall Accident?
Yes. In most cases, Arizona requires personal injury claims (which includes slip and fall injuries) to be filed no later than two years from the date of the accident. If the claims aren’t filed by then, it’s difficult, if not impossible, to successfully pursue them.
What Should I Do if I Suffered an Injury from a Slip and Fall Accident and Need Legal Help?
Call Citrine Law as soon as possible at (928) 955-7191 to request a free consultation. We understand how frustrating these injuries can be, especially if the negligent party resists accepting responsibility and paying damages. These are complicated cases. Our team of experienced, knowledgeable slip and fall accident attorneys know what’s at stake and what tactics the liable party may use to try to avoid paying. Call us today to learn what might be the best approach for your case.
