Monticello Slip and Fall Attorney

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If you are on someone’s commercial or residential property, the owner or occupier is responsible to keep the property in a reasonably safe condition. If you are injured, and it is due to the negligence of the property owner, they may be responsible for your injuries and resulting damages.  Whether you have a viable slip and fall claim will depend on the specific facts of your case.  Slip and fall claims can be difficult to prove, and a prompt investigation is necessary to give your claim the best chance for success.

At Nelson Personal Injury, LLC, our slip and fall attorneys understand what is necessary to prove liability based on Minnesota law.  We will perform a thorough and prompt investigation to determine if there was negligence on the part of the landlord, property owner, business owner, or other person designated to maintain the property.  If there was negligence, we may be able to recover your damages resulting from your injuries.

Slip and Fall Incidents Can Occur Without a Warning

Slip and fall injuries can happen in a split second and without warning.  They can happen to anyone, but the elderly are often most at risk for a slip and fall injury.

It is important to note that a property owner’s liability is not automatic.  That is, it is not enough to show that you were injured on someone else’s property.  In order to prove liability on the part of the property owner, you must show that they were negligent in some respect. This requires showing that there was a dangerous or hazardous condition on the property, that the property knew or should have known there was a dangerous or hazardous condition, and they did nothing to remedy, fix, or warn of the dangerous or hazardous condition.  For example, it is not sufficient to show that there was ice on the property, you have to show that the property owner knew or should have known there was ice on the property and did nothing to remedy or warn of the dangerous condition.

If you can prove negligence, then the property owner and their insurance company may be responsible for covering the cost of your medical treatment, your lost wages, and your pain, suffering, and emotional distress.

Common Ways Victims Are Injured in a Slip and Fall Accident

There are countless dangers as you go about your day-to-day life. You may fall at school or trip to the grocery store – you may even fall while at work. Some of the common ways that slip and fall accidents occur in Monticello include the following:

  • Improperly installed or uneven floors;
  • Snow or ice-covered sidewalks;
  • Poor lighting;
  • Unrepaired cracks in parking lots or on sidewalks;
  • Steep or narrow stairs that are not up to code;
  • Spills;
  • Improper warning signs to tell about the danger;
  • Slippery floors;
  • Raised ledges;
  • Potholes;
  • Broken railings.

 

As experienced slip and fall attorneys in Monticello, we can help you recover the damages you deserve if someone else was at fault for causing your injuries.

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Common Questions About Slip, Trip, and Fall Accidents in Monticello

What are slip and fall accidents?

Slip-and-fall accidents happen if you fall and suffer an injury because of someone else’s negligence. It may be due to the sidewalk not being shoveled or maintained properly, if there has been a spill, or it could take place in an area where the floor is wet.

Is it hard to win a slip-and-fall accident claim?

Slip and fall cases may be difficult to prove for a number of reasons.  First, it may be difficult to prove that the property owner knew or should have known of the hazard.  Second, a property owner needs a reasonable amount of time after being notified of the hazard to remedy or warn of the hazard.  Finally, property owners have a defense called the open and obvious defense.  This defense provides a complete and full defense to slip and fall claims if the dangerous and hazardous condition was open and obvious to an ordinary or reasonable person in your shows at the time of the slip and fall.  Whether or not you have a viable slip and fall claim will depend on the specific facts of your situation.  A full review and analysis of the facts is necessary to determine if a sufficient factual and legal basis exists to pursue a claim.

How long does it take to settle Monticello slip and fall cases?

Each case is different when it comes to timing.  Often times, how long a case takes depends on the nature and extent of the injuries.  Some injuries take a long time to heal, and it is necessary to get to a point where a doctor can give an opinion about the permanency of an injury.  This can sometimes take a year or longer.  Once this has occurred, it may be possible to resolve the case fairly quickly if the insurance company is willing to make a reasonable settlement offer.  In other cases, the insurance company may make an unreasonable offer, or deny liability altogether.  This can result in needing to stat a lawsuit, which may take anywhere from 12-18 months to work its way through the court system.

What should you do after a slip and fall accident?

After you experience an injury, seek medical attention as soon as possible. In some situations, injuries are more serious than they seem at first. Because of this, it is essential that you are seen by a medical professional as soon as you can. After receiving the necessary medical care, contact our legal team for assistance.  It is also helpful to get photographs of the area where you fell that show the condition as it existed at the time of the fall.  If you cannot take photographs right away, return to the scene or have someone else return to the scene as soon as possible to do so.

Who is responsible for slip and fall accidents?

If a property owner is found negligible for any reason, they could be responsible for your damages, including your pain and suffering, lost wages, and medical bills. Our legal team will work to determine negligence by looking at the evidence available.

Who pays your medical costs after being injured in a slip and fall accident?

Typically, your health insurance will pay for any slip and fall related injuries.  If we find that someone else is liable for your accident, their insurance company must pay for your medical expenses, and your health insurance company may have the right to get paid back. Our legal team works with victims of slip and fall accidents to ensure all medical expenses are taken care of.

We Can Help with Your Slip and Fall Accident Case

Our legal team at Nelson Personal Injury, LLC is ready to help with your slip and fall case. If you have experienced an injury, contact our office immediately. We offer free initial consultations for our clients to discuss their claim. Call today to learn more.

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