If you or a loved one has been injured after tripping on or over an unexpected obstacle you may have a legal claim and should contact a trip and fall lawyer Memphis TN offers. Patterson Bray is not your average law firm. With decades of experience and a passionate zeal to get justice, we treat every client like family. To speak with a Memphis trip and fall lawyer now please call Patterson Bray.
Losing your balance due to a surface blocked with obstacles or that is slippery may result in more than just embarrassment. You may find yourself in severe pain from an injury that will permanently alter the course of your life. Trip and falls are no laughing matter and can end with a moderate to severe damage.
As a trip and fall lawyer in Memphis, TN might explain, one of the issues with litigating a trip and fall is proving the person who owned the property was at fault. A personal injury claim can be filed if the incident happened because of negligence. See if your case passes the negligence test for proceeding forward with a lawsuit and recovering damages.
The Property Owner’s Negligence
In a trip and fall, you must show that the property owner was liable for the dangerous condition. Proving this may be difficult. The liability falls squarely on the shoulders of the owner if you can demonstrate that they knew or should have known that a dangerous condition existed that may lead to a fall. For example, if you took a tumble down steps, after a cord was left on the stairs, and wound up with a spinal injury, was the property owner ultimately responsible? If the conditions someone already reported the cord, then yes, the owner likely had a duty to remedy the situation immediately. A trip and fall lawyer in Memphis, TN can help you to determine whether the owner was negligent.
Your Negligence
However, the other end of the argument is that you were careless, not the owner. If you saw the cord on the steps before descending and you chose to anyway, you may be found more negligent than the owner. In most states, comparative negligence exists in personal injury cases. In comparative negligence states, each party is assigned a share of responsibility for the accident that caused the injury. The higher the defendant’s negligence determination, the more damages the plaintiff may recover. Likewise, if the plaintiff is shown to have willfully ignored the evidence of a dangerous situation, there may be no damages awarded.
Recovering Damages
Through the process, if it was found that the property owner was responsible for keeping the steps free of objects, the cord was not visible, and as such, you are not found to have contributed to your trip and fall, there is a chance that you will recover compensatory damages. This financial award takes into account all of your out-of-pocket expenses associated with the injury and adds it to future medical care estimations and the income you lost while recovering. You may wind up with general or punitive damages as well depending on the severity of the spinal injury or any other injury. A good trip and fall lawyer in Memphis, TN can help you to understand what damages may be available to you.
Dealing with a life-altering injury can change your present and future in various ways. Filing a personal injury lawsuit with the help of a trip and fall lawyer in Memphis, TN may give you the chance to recover some of the money you’ve lost or will lose.
Those who have been injured recently at a store can meet with a trip and fall lawyer in Memphis, TN at Patterson Bray to talk about how all retail establishments and commercial venues must be attentive to areas of the store that could be dangerous to shoppers. By law, a store must make effort to maintain a reasonably hazard-free shopping experience.
However, those who have tripped or slipped and fallen while shopping may not realize they could have grounds for a lawsuit. This may be especially true if negligence on behalf of the store or employees played a part in any accidents that may have occurred.
When It’s Time to Take Legal Action
Those who have been injured recently at a store can meet with a trip and fall lawyer in Memphis, TN at Patterson Bray to talk about how all retail establishments and commercial venues must be attentive to areas of the store that could be dangerous to shoppers. By law, a store must make effort to maintain a reasonably hazard-free shopping experience.
However, those who have tripped or slipped and fallen while shopping may not realize they could have grounds for a lawsuit. This may be especially true if negligence on behalf of the store or employees played a part in any accidents that may have occurred.
When It’s Time to Take Legal Action
If you or someone you love has sustained injuries and financial loss because of a fall-related accident at a retail store or other commercial venue, you may significantly benefit from speaking with a member of our legal team. Seeking professional guidance in the aftermath of an accident will allow you to make informed decisions about your legal options moving forward.
Being injured in an accident can be a truly stressful reality. Please know that a trip and fall lawyer in TN at Patterson Bray is here to help.
Compensation Eligibility
If you were hurt in a trip and fall accident, contact us to learn if you are eligible to receive compensation from the property owner. We represent victims of trip and fall accidents who sustained serious injuries that required costly medical care. Without a trip and fall lawyer representing you, you are at the mercy of the guilty party and their insurance company. And know that their insurance company will have lawyers to protect their best interests. We can protect yours—learn how after our trip and fall lawyer reviews your case at no charge. Call us today to schedule a brief and informative case review.
What to Know About Bodily Injuries After a Slip and Fall
A slip and fall accident can quickly change someone’s day, week, or even life. The resulting injuries can range from mild, to severe and debilitating. The resulting medical bills can be substantial. If the accident was not your fault, you should not have to pay for those bills. A trip and fall lawyer in Memphis TN can help you seek compensation from the at-fault party.
Some injuries from a slip and fall accident are not outwardly visible while others can be detected right away. For this reason, it is important that you get medical attention without delay. A doctor can run diagnostic tests and determine if you are injured and if so, the type and severity of your injuries.
If your fall was due to someone’s negligence, they may be responsible for paying for your medical bills from your injury. Call us at Patterson Bray speak with a trip and fall lawyer in Memphis TN at no charge to determine if you have a valid personal injury claim.
Trip and Fall Legal Claim FAQ
If you’ve been told, or read, that you have a pursuable legal claim against a negligent party or entity for a trip and fall injury, please consider the following questions. If you don’t see the answer you’re looking for or would like to discuss your story, you can call a trip and fall lawyer in Memphis TN for a free consultation.
What is a trip and fall claim?
A trip and fall claim involves the legal pursuit of monetary compensation after an unexpected injury occurring from tripping (or slipping) and falling as the result of the carelessness of another party.
What are common causes of a trip and fall?
A trip and fall may happen for a broad number of reasons. Some of the most common trip and fall accidents involve at least one of the following conditions:
If a trip and fall lawyer Memphis TN provides can prove your accident was caused by the negligence, carelessness, or wrongdoing of another person or entity, compensation may be available.
What injuries resulting from a trip and fall may constitute a legal claim?
It’s impossible to precisely note specific injuries which may be eligible for monetary damages. However, if you suffered from any of the following, it’s a good idea to get some advice from a trip and fall lawyer Memphis TN respects.
Who is responsible for a trip and fall accident?
It will be up to a lawyer to identify the negligent party. In general, property owners, including private residential, commercial, public, and government have a legal responsibility to maintain reasonable safe premises for those passing by. When this is not adhered to there could be ground for a legal claim.
Do I need to contact a trip and fall lawyer Memphis TN has to offers soon?
Yes, even if you are not sure of having a strong case, you should contact Patterson Bray as soon as possible. There are strict limitations to filing a claim, and by missing this deadline, you risk being unable to seek damages.
Are soft tissue injuries easy to identify after a slip and fall?
Soft tissue injuries are not visible so it can be difficult to determine if you sustained this type of injury. A person may not realize they have soft tissue damage until weeks later when their pain increases. Examples of soft tissue injuries include ankle and wrist sprains, or tendon and ligament tears. If these injuries go untreated, it can lead to chronic pain, and an increased likelihood of sustaining repeat injuries. If this describes your situation, talk to a trip and fall lawyer in Memphis TN from Patterson Bray to learn your legal options for seeking compensation.
What are the symptoms that indicate a person has suffered a brain injury?
All injuries of the head should be taken seriously and medical care should be sought promptly. Even very minor head injuries can become a cause for concern if left untreated. If a person slips, falls, and hits their head it can result in brain swelling or bleeding that is considered a medical emergency. A brain injury can cause a temporary or permanent disability in physical or cognitive function. It is possible for a serious head injury to only have very mild symptoms initially. Contact a trip and fall lawyer in Memphis TN from Patterson Bray immediately to determine if you can recover your damages from those responsible. You may be eligible for a substantial settlement.
Symptoms of a brain injury can include the following signs:
When should cuts and abrasions be treated by a doctor?
If you have lacerations or scrapes due to a slip and fall accident, it is recommended you see a doctor if your injuries exceed what the standard first aid kit can do to treat your wounds. If the areas are heavily bruised, have yellow or green ooze, or bleeding does not stop, see your doctor right away. In most cases, superficial skin wounds heal on their own. Keep in mind that where there is deep cuts and bruising, could be an implication that underneath there are more serious injuries, such as broken bones or a concussion. Any serious injury may be eligible for a personal injury claim. Call us today for a free consultation with a trip and fall lawyer in Memphis TN from our firm.
What are the main reasons slip and falls happen to people?
While it is always possible that a slip and fall accident can occur due to a person’s own actions, many times such accidents are because another person was negligent or careless. Common examples of slip and falls are listed as follows:
If you were hurt in a slip and fall accident, consider speaking to a trip and fall lawyer Memphis TN depends on. The injuries you suffered may have cost you time off work, in addition to a great deal of pain and suffering. An experienced lawyer from Patterson Bray may help you get justice for your injuries.
Common Causes of Slip and Fall Accidents
Slip and fall accidents are some of the most common personal injury cases a trip and fall lawyer in Memphis TN may deal with. Injuries from these accidents can be severe and may even require hospitalization. Some of the common causes of slip and fall accidents include:
Weather Conditions
Although it is impossible to control the weather, taking proper precautions can help prevent slip and fall accidents. For example, property owners have a legal responsibility of shoveling and salting their sidewalks during the winter. If they fail to do this and a person slips and falls on their property, they may be held liable for the damages.
Wet and Uneven Surfaces
When a floor is wet or uneven, it can increase the risk of accidents. Cluttered floors, loose mats, recently mopped floors, and torn carpeting can all make the floor hazardous. These occurrences can happen in offices, grocery stores, factories, and other public locations. It is the responsibility of property and business owners to make sure their floors are reasonably safe. An experienced trip and fall lawyer Memphis TN trusts may help obtain compensation for a person who trips on a wet or uneven floor.
Poor Lighting
If the lighting is inadequate in a parking lot or outside a business, customers may not see where they are going and slip and fall. The owner of the property may be held liable if he or she knew about the poor lighting and did not do anything about it.
Damages Available in Slip and Fall Accidents
If you were involved in a slip and fall accident, a trip and fall lawyer Memphis TN respects may be able to help you obtain compensation for the following damages:
Who can be held responsible for a trip and fall victim’s damages?
As a general rule, an injury victim can turn to the property owner for compensation if it is determined that the owner was negligent and directly responsible for the accident. In rare cases, a property owner will acknowledge their culpability and make sure that the victim receives fair and swift compensation for their damages.
Unfortunately, it often requires an aggressive and seasoned TN trip and fall lawyer in Memphis at Patterson Bray to make sure the victim is fairly compensated as soon as possible. Since we opened our practice, we have assisted thousands of injury victims get fair compensation. Learn how we may be able to help you as well by calling us without delay.
What is the difference between a trip and fall injury claim and a lawsuit?
Many victims of trip and fall accidents have the impression that filing a lawsuit is their first and only option for recovering their damages. Depending on the circumstances, it can be more expedient and cost-efficient to file a claim for compensation with the at-fault party’s insurance company.
When our team files a legal claim, it is detailed and accompanied by proof of the injury and who should be held liable for our client’s damages. Should the company deny the claim, our trip and fall lawyer from Tennessee can provide additional information as necessary to receive a reversal of the denial. If this is unsuccessful, we will be fully prepared to escalate the claim to a civil lawsuit.
A civil lawsuit will take place in a local courtroom and will be presided over by a judge, and possibly by a jury as well. Though our lawyers are respected litigator, very often a case will be settled out of court. This is because the liable party would rather pay the trip and fall victim a settlement than pay their lawyers for a drawn out trial as the latter will be more costly for them.
And because our trip and fall lawyer is an experienced negotiator, it’s very possible that the final settlement could be higher than the original settlement goal. Every case is different because of all the variables involved, so it’s critical that the details of your claim are reviewed by us at Patterson Bray.
Talking with Witnesses of the Trip and Fall
A Memphis, TN trip and fall lawyer understands that falling can be embarrassing, particularly if there were people around to see it happen. But keep in mind that these people who saw the fall, whether you know them or not, could be influential witnesses if you file a lawsuit down the line. Ask for name and contact information from these people, so we can reach out for a statement regarding how the witness saw the trip and fall occur.
Filing a Report with the Store
After you trip and fall, you should talk with a staff member who is either a manager or owner about the accident. Be sure to request that your fall is documented in an official incident report, and that you receive a copy for your own records in order to share with us too. Also, if you need it, do not hesitate to ask for medical attention. The store staff can call for help if you do not feel right and want to receive a health evaluation from an emergency team. Even if you are unsure if you have been hurt, please consider seeking medical attention. Certain injuries may not manifest right away and it is generally a good idea to speak with a medical professional as a result.
Examples of Trip and Fall Injuries
If you have been injured, we can offer legal strategies to help you get the restitution required to pay off medical bills related to your injuries. If you do receive medical treatment, ask for copies of examinations and keep receipts for anything you paid for out of your own pocket. Here are several examples of some of the more common injuries that people may suffer from after a trip and fall:
Patterson Bray: A Law Firm On Your Side
To have all of your personal questions and concerns answered, you can contact Patterson Bray. Our lawyers will provide you with the utmost support and legal guidance to give you the confidence you may be looking for. For a free consultation with a trip and fall lawyer Memphis TN respects, please call 901.372.5003.
We encourage you to call us today so we can learn about your trip or slip and fall accident in more detail. That way, we can advise you of your options specifically and you can rest easier knowing that you can make a truly informed decision about your situation. A Memphis trip and fall lawyer in Tennessee at Patterson Bray is ready to take your call!