Biloxi Slip and Fall Lawyer
Trip and fall accidents are one of the most common sources for personal injuries. However, these claims are sometimes unique in that a plaintiff is not always accusing a defendant of taking negligent action that resulted in harm, but instead for not acting to protect a customer or visitor from harm. In other words, these cases may involve an injured person alleging that a landowner or business owner should have known about and taken care of a hazard but instead did nothing to prevent harm, in addition to claims that a premises owner created a dangerous condition.
If you suffered an injury in a slip and fall accident on someone else’s property, you may have a right to pursue compensation. However, merely claiming that an incident happened is not enough. Instead, these cases involve complex legal analysis that often requires a plaintiff to examine both the defendant’s actions and their own reasons for being on the property.
Instead of filing a claim alone, consider reaching out to a Biloxi slip and fall lawyer to help you seek the compensation you need. A tenacious and seasoned attorney could help gather evidence and work tirelessly to file a strong claim on your behalf, so that you may move past your injuries and on with your life.
Establishing Liability for Trips and Falls
In short, a Mississippi landowner has a legal obligation to keep any visitors on their land safe from dangerous conditions the landowner knows about, or should through the exercise of reasonable care know about. If they fail to adhere to this duty and someone is injured as a result, that owner may have civil liability to provide compensation. (Usually, landowners have insurance that will pay for any damages recovered by an injured person, although in Mississippi lawyers are not allowed to tell Juries that the defendant landowner has insurance when these cases are brought to trial.)
When making a claim in slip and fall cases, one must examine the totality of the circumstances that led to the incident and investigate all parties involved. Essentially, there are three primary routes a claim could pursue:
- Showing that a defendant was negligent, which consists in examining the plaintiff’s reasons for visiting the land and whether the defendant invited them
- Proving that a defendant knew of a hazardous condition and failed to provide a warning
- Showing that enough time passed for the at-fault landowner to have constructive notice of the hazard—in other words, indicating that the defendant reasonably should have known that a hazard was present, but failed to protect visitors from that danger
A plaintiff’s reasons for entering the land are also important, especially in cases focusing on simple negligence. This is because trespassers, for example, have limited (if any) legal rights in the event of a slip and fall injury on someone else’s property.
Conversely, landowners must protect social guests, also known as licensees, from willful or wanton harm. Furthermore, they must protect business guests, known as invitees, from all foreseeable harm. A meticulous Biloxi slip and fall attorney could work with an injured individual to choose the legal path that could best fit his or her unique circumstances.
Pursuing Claims for Compensation in Biloxi
Because the core of any trip and fall case is built around a physical injury, it is often essential for an injured claimant to procure medical bills and doctor notes to demonstrate his or her damages. However, along with these direct economic damages that may be requested, there are additional damages a plaintiff may be able to demand.
To calculate the value of his or her damages, an injured person must examine the total financial and emotional impact of the incident. For example, an injured person may miss time at work because of an injury or face a decreased earning capacity after suffering harm. These circumstances may be grounds for additional recovery during a Biloxi injury claim.
An injured plaintiff might also be able to claim compensation for the emotional trauma caused by an accident, and many cases demand additional payments for pain and suffering, loss of quality of life, inconvenience, or loss of enjoyment of life. A compassionate trip and fall lawyer in Biloxi could help an injured plaintiff assess the full extent of his or her injuries and demand appropriate compensation.
How a Biloxi Slip and Fall Attorney Might Help
All landowners must keep their property safe for visitors and invited guests, and a failure to do so may result in a severe injury that leaves a person facing financial and personal losses. However, because of a property owner’s legal responsibilities, an injured individual may be able to request compensation for his or her damages.
If you were hurt on someone else’s land after slipping and falling, a Biloxi slip and fall lawyer could help navigate the legal process required to seek full and complete recovery. To see how a determined and well-versed attorney could help with your claim, call today. Consultations are always free.