Most slip and fall accidents happen while the victim is shopping or visiting a public place. Since Phoenix is home to some of the best shopping malls in all of Arizona, there’s a good chance you could suffer a slip and fall at some point in your life. Phoenix slip and fall lawyers are there to pick up the pieces. The experienced attorneys at TorkLaw help slip and fall accident victims get the compensation they deserve. If you or your loved one get injured in a slip and fall, it’s important that you call and schedule your free initial consultation right away. There are certain steps you need to follow in order to have a claim for damages. Your attorney can make sure your claim is handled properly from the very start.
Slip and Fall Statistics
At least a million people visit the emergency room in this country after a slip and fall accident. Their injuries include anything from a broken bone to a head injury. It really depends on the facts of the case. When most people fall, they brace their fall with their wrists. This can lead to a wrist fracture. Or, they may hit their head and suffer from a traumatic brain injury. Thankfully, most slip and fall victims make a full recovery. Many others never even visit the emergency room. They’re either embarrassed and don’t report their fall or they assume they’re okay.
Phoenix Slip and Fall Lawyers Must File Your Claim Within Two Years
Phoenix slip and fall lawyers know that they only have a certain amount of time to get your lawsuit filed. The statute of limitations in Arizona is only two (2) years. This means that, if you don’t file suit within two years, your case will be dismissed. If you try to file suit after the two years have expired, one of two things will happen. Either the court will dismiss your action on their own. Or, the defendant’s lawyer will file a motion asking that your claim be dismissed. The judge will have no choice but to grant this motion. The law is very strict when it comes to filing deadlines.
Proving Liability in a Phoenix Slip and Fall Case
In order to recover damages, you must prove negligence. The slip and fall attorneys at TorkLaw know the law when it comes to proving negligence. This means they need to demonstrate the following elements:
- You must show that a dangerous condition existed
- The defendant knew or should have known the dangerous condition existed at the time of your fall
- The defendant failed to repair the dangerous condition in a reasonable timeframe
- You fell on their property
- You suffered a physical injury as a result of your fall
- Your injuries were a direct result of the dangerous condition
Phoenix slip and fall lawyers understand that if they can’t prove these five (5) elements you will not recover any damages. This is why they take the time to gather the necessary evidence to prove your case.
Phoenix Slip and Fall Lawyers Must Prove Your Damages
In order for you to recover anything, your Phoenix slip and fall lawyer must be able to prove your damages. In order to do this, it’s important that you provide your attorney at TorkLaw with as much information as possible. It’s also important that you go to the emergency room immediately after your slip and fall. This may be the only way to prove that you were hurt. If you don’t go to the hospital, the defendant’s lawyer will claim that something other than your fall caused your injuries. This will make it very difficult for your Phoenix slip and fall lawyer to prove liability.
Every case is unique. This means that you may only be entitled to certain types of damages. In Arizona, you may demand any or all of the following:
- Medical Bills – You must provide your TorkLaw injury lawyer with copies of your out of pocket medical bills. You also want to provide them with copies of your “Explanation of Benefit” forms from your insurance company. There is a good chance that your private health insurance company covered your initial medical treatment. They will expect to be reimbursed when you settle your case.
- Compensation for Future Medical Treatment – There is a possibility that you’ll need future medical care. This could include surgery, physical therapy or even counseling. The defendant should be accountable for all of these expenses.
- Pain and Suffering – If you experience a great deal of physical and mental anguish, you may be entitled to pain and suffering.
- Permanent Disability – Some people are not able to work as a result of their slip and fall. If this happens, you’ll have to survive on disability. This will be a lot less income than you would’ve earned while working full-time. You can demand compensation for the difference between the two.
- Lost Income – If you miss any time as a result of your slip and fall, you are entitled to compensation. Phoenix slip and fall lawyers prove lost wages by submitting copies of timesheets, tax returns and other documentation from your employer.
When you attend your initial consultation at TorkLaw, they’ll help you determine what sort of damages you will demand in your suit. Keep in mind, however, that you won’t be sure until a few months have gone by. You may not be sure of the extent of your injuries until after you’ve been treated by a doctor.
It is in Your Best Interest to Hire a Phoenix Slip and Fall Lawyer
Some people fear that they can’t afford to hire a Phoenix slip and fall lawyer. In reality, you don’t have to pay your TorkLaw attorney anything upfront. You will be offered a free initial consultation. During this meeting, you can decide if you want to retain the lawyer’s services. They’ll also decide if they wish to handle your case. The reason why you may want to hire a lawyer rather than handle the case yourself is that your lawyer has skills you may not have.
- Your Phoenix slip and fall lawyers can do the following things to help resolve your case:
- Track down witnesses who can testify as to what happened
- Negotiate with the insurance company to try to settle your claim
- Hire medical experts to testify as to the extent of your injuries
- Consult with a forensic accountant to calculate any lost future income
Your Phoenix Slip and Fall Lawyer
Even if you’re not sure if you need to hire an experienced Phoenix slip and fall lawyer, you should at least meet with one. You can schedule your free initial consultation as soon as possible after your slip and fall.