Successful prosecution of slip and fall cases can be difficult, and often require investigation into the facts, circumstances and safety regulations that may apply to a particular property. Filing an incident report can create a record of the fall, including the time, location, and other relevant details. Once scheduled, you can come to us, or if your injuries prevent you from traveling, we'll come to your home or hospital room to discuss your legal options. Contact our law office today to schedule a free case review with a compassionate Kansas City slip and fall lawyer who will give you the representation you deserve.
In Kansas, the statute of limitations on a slip and fall injury claim is just two years (Kansas Statutes Annotated 60-513). By statute, a possessor of real property generally owes no duty of care to a trespasser except to refrain from harming the trespasser by an intentional, willful, or wanton act. Cell phone photos taken immediately after the accident could also be helpful.
Our Kansas City attorneys have successfully represented thousands of clients in their personal injury claims. To successfully assert a slip and fall claim, you must prove that: - Duty of care. Brain or head injuries are more common than you may think. Icy or snow on sidewalks or parking lots. Document the impact of your accident. Speak to a lawyer from Dickerson Oxton, LLC today about a possible insurance bad faith claim. Request a Free Consultation From a Kansas City Slip & Fall Lawyer. 42, 114 Americans died from unintentional falls in 2020, and they are the leading cause of injury-related death among adults age 65 and older. Slip and Fall Attorney. Damaged carpeting or other flooring. If you can prove the following things, the defendant likely failed to demonstrate reasonable care: - The owner or employee of the premises caused the hazard which instigated your accident. According to the Centers for Disease Control (CDC), over 3 million people aged 65 or older nationwide are treated in emergency departments for fall injuries each year. Common premises liability injuries include sprains, soft tissue damage, ligament tears, broken bones, and even head or brain injuries.
These accidents can happen anywhere, including a grocery store, stairs, a parking lot, a park, or an apartment building. Concussions, soft tissue injuries, breaks, and similarly painful bodily injuries can be difficult to identify on your own. You don't have to take an injury from a slip and fall accident lying down and incur all the expenses alone. You could be eligible for compensation for: - Medical expenses. The owner, possessor, or employee should have known about the condition because any reasonable party would have discovered and repaired it.
Property owners often rush to remedy the situation by repairing their property before you bring a case and therefore, it is important to get a case started as soon as you are able to. We believe that your suffering should not go unnoticed, which is why when you partner with our Kansas City slip & fall accident attorneys, every effort will be made to recover necessary compensation. The moment you slip and fall in a public premise, make sure you jot down every circumstance that led to the injury. To establish liability for injuries suffered, an invitee must show: - A dangerous condition existed on the premises such that the premises were not reasonably safe; - The possessor of the premises knew, or, through the use of ordinary care, should have known of the condition; - The possessor failed to use ordinary care to remove, remedy, or warn of the danger; and. Often, slip and fall injuries are caused by uneven, wet, icy, or otherwise poorly maintained surfaces. Residential Property Owners/Possessors.
For instance, an owner may still be liable if they knew that trespassers continually came on the limited area of the land where the trespasser was harmed, the harm resulted from a dangerous artificial condition on the land, and the owner created the artificial condition that caused the harm. Types of Injuries Common in Slip-and-Fall Cases. Proving these elements in court can be difficult, particularly since there are defenses that may be raised by the other side. Keep your clothing and shoes. When you have been injured as a result of the careless actions of a property owner, you are owed a responsibility to have your financial needs covered, covering pain and suffering, lost wages, and medical expenses. You could even make statements that damage your case. Most premises liability cases are referred to as slip and fall cases, but there are other types of premises liability actions as well. Have you or a loved one suffered a serious injury due to a slip and fall? "Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom" from Nebraska.
If possible, get a copy of the accident report for your records. After a slip and fall accident, there are several steps you should take to protect your legal rights. The injuries resulting from slip and falls can be severe and sometimes fatal. We have handled thousands of injury cases and know what it takes to help you get a winning settlement. Our Kansas City personal injury lawyer can help you determine fault. If you or a loved one have been injured due to a slip or fall in Kansas or Missouri, please know we are truly sorry for all you are going through. This statute of limitations applies to premises liability cases and other personal injury lawsuits.
If all the avenues to settle the case have failed, then you can consider a lawsuit as a medium to recover compensation for your medical bills and any other expenses incurred due to the accident. We are conveniently located in downtown North Kansas City, just minutes from Downtown Kansas City with convenient parking at 416 Armour Road, North Kansas City, MO 64116. The insurance adjuster is looking for a way to minimize the company's liability for your injuries. If the store or restaurant had security cameras installed, the video footage could provide the best evidence—especially if the cameras captured the accident and documented employees ignoring the hazard. When it comes to determining a settlement plan for the slip and fall injuries, it will depend on the unique circumstances of an injury. Slip and fall accidents can occur any time property is not maintained the way that it should be and often result in serious back and head injuries. We'll work to seek a fair settlement from the responsible party and their insurance company, and if they refuse to offer you fair compensation for your claim, we'll take them to court. Reach out to us today and let's get started on your case. We look forward to the opportunity to assist you.
Slip & Fall Cases in Kansas CityEvery year, weather causes problems for the masses. For example, if a grocery store owner fails to mark a spill and you later trip on it, you can prove causation with surveillance footage, witness testimony, and your medical records. For example, if the court finds you 30% liable, you would only receive $70, 000 out of a proposed $100, 000 verdict. You would be an invitee if you entered with consent and to the benefit of the owner of the premises. Dangerous stairs and staircases. Determining fault and getting compensation for your slip and fall accident can be challenging. Claims adjusters have a duty to exercise good faith and fair dealing in the evaluation and payout of your insurance claim, but ultimately will prioritize the interests of the insurance company. They can leave victims with serious — sometimes even fatal — injuries.
A slip or trip and fall accident may have various causes. The specific types of damages you could recover will depend on the injuries you have suffered. For example, a grocery store owner must clean up spills, a landlord needs to fix broken stairs, and a business owner must clear snow and ice from the sidewalk promptly. To keep things just and time-efficient, Missouri and Kansas enforce strict statutes of limitations. If an owner is aware of a hazard and fails to fix it or warn visitors, he or she breaches his or her duty to maintain safe premises.