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Were you severely hurt in a slip-and-fall accident? Were your injuries caused by the fault of a property owner, manager, or another entity? If so, you have the right to seek fair compensation.
Some slips, trips and falls result in only minor bumps, bruises, and embarrassment. Others can result in serious, long-term injuries. These accidents can cost you significant time and money.
The Jackson slip-and-fall attorneys of Derek L. Hall, PC have over 25 years of experience in helping people. We have the skill and resources to help you get back on your feet again. We can get justice and fair compensation for you after an unexpected accident.
Call us today or contact us online to schedule a free consultation and see how we can help you.
Falls: A Common Accident
Falls are one of the most common types of accidents in the United States. They are one of the leading causes for emergency room visits. Slip-and-fall accidents are also one of the leading causes of workers’ compensation claims.
The Centers for Disease Control (CDC) estimates that one out of every five falls results in a serious injury, such as a broken bone. The CDC has also found that falls are the most common cause of traumatic brain injuries.
Premises Liability Claims in Mississippi: What Are They?
Property owners have a duty to make sure that customers or visitors are safe on their property. They must keep their property free from hazards, such as ice, debris or spills. When a homeowner or business owner fails to safely maintain their property, a slip-and-fall accident could be the result. That accident gives rise to a premises liability claim. That allows the injured party to file a claim for money damages against the property owner.
In recent years, premises liability claims in Mississippi have gotten more complex. In 2019, Mississippi passed a new law (Senate Bill 2901) that made changes to the liability of property owners. Simply put, the new law offered more protection to property owners. Under the new law, when a person is injured in a slip-and-fall accident, property owners can now put the blame on the injured person if their own negligence in any way caused their injuries.
The changes in Mississippi’s law are confusing, but the personal injury attorneys at Derek L. Hall, PC can help you successfully navigate your legal options after a slip-and-fall accident.
Places Where Slip-and-Fall Accidents Happen
Slip-and-fall accidents can happen at any place and at any time. Common areas where these types of accidents tend to happen include:
- Private property
- Grocery stores
- Shopping malls
- Rental homes and apartments
- Public sidewalks
- Construction sites
Who Pays When Someone Falls Due to a Dangerous Condition in Mississippi?
Who is liable when you fall because of dangerous conditions on someone’s property? Unfortunately, there is no simple answer to that question. The person who is liable for a slip and fall depends on the circumstances surrounding the accident. Liability can also depend on the interpretation of Mississippi’s new law and the “Landowners Protection Act.”
An insurance company may be liable for a slip-and-fall claim if the fall occurs at a business. A homeowner’s insurance may pay out a claim if the accident happened at a private home.
Mississippi is a “comparative negligence” state, or a shared fault state. That means your amount of compensation can be decreased if it is found that you were partly responsible for the accident. Your fault is set out in a percentage. For example, if it is found that you were 20 percent responsible for the accident, payment for your damages would be decreased by that 20 percent.
The percentage can have a significant effect on the compensation you receive. That’s why it pays to have an experienced lawyer on your side if you’ve been injured in a slip-and-fall accident.
What Must Be Proven to Succeed on a Slip-and-Fall Claim in Mississippi
In the state of Mississippi, several conditions that must be in place before someone can be held legally responsible for slip-and-fall injuries. These requirements include:
- If the fall resulted from a spill, torn carpet, loose tile or another dangerous surface, the owner of the property must have caused that spill or damage.
- The owner of the property must have known the situation was dangerous but did nothing about it.
- The owner must have known the surface was dangerous because a “reasonable” person who was taking care of the property would have recognized the danger and had the surface fixed, cleaned or replaced.
Because Mississippi is a comparative negligence state, your own actions or carelessness can be taken into account when deciding who is at fault. For example, if you were texting on your phone when you fell, then you might be held partially responsible for the accident.
That’s why it is crucial to hire an experienced slip-and-fall attorney to represent you. You’ll need a knowledgeable advocate on your side who can identify and collect evidence to show that the other party is responsible for your injury. Your attorney will help you maximize your injury claim and will seek the full compensation you’re owed.
Serious Injuries People Suffer in Falls
Numbers compiled by the CDC show that 800,000 people are hospitalized every year for fall-related injuries. One of five falls causes a serious injury to the body. That may include a broken bone or even a traumatic brain injury.
Falls can be extremely dangerous, especially for older Americans. The CDC estimates that at least 300,000 older adults are hospitalized annually for hip fractures.
The most common injuries suffered from a fall include:
- Broken bones
- Fractured hip
- Cuts and bruises
- Head injuries
- Traumatic brain injury
- Knee injury
- Sprained and strained ankles or joints
Slip-and-fall accidents require medical attention. One reason: symptoms of brain trauma may not be immediately recognizable. After an accident it is crucial to have a medical professional assess your injuries.
Calculating Your Losses from a Slip-and-Fall Accident
If you have been injured in a slip-and-fall accident, you may be entitled to compensation. The amount of compensation depends on several factors. For example, money damages can be reduced if you were partially to blame for the accident.
The experienced legal team at Derek L. Hall, PC will listen carefully to you and review all the circumstances of your case. We can help collect and gather evidence. We can build your case and give you advice on the best possible outcome.
After a slip-and-fall accident you may be able to recover these bills and expenses:
- Medical expenses
- Future medical expenses
- Lost wages if you’ve missed time off work
- Future lost wages
- Pain and suffering
Talk to an attorney following your slip-and-fall accident to find out what compensation you should receive. If a lawsuit in Mississippi is the best course of action, you have a strict time limit on your claim. Immediately hiring an attorney with Derek L. Hall, PC will give you your best chance at getting the compensation you deserve.
Talk to Our Slip and Fall Lawyers in Jackson, MS Now
Property owners have a duty to keep their property safe. When they fail to take that duty seriously, people end up hurt as a result. Despite recent changes in the law, negligent property owners can still be held accountable when injuries happen.
What should you do when your slip and fall was caused by someone else’s neglect? Call the law offices of Derek L. Hall, PC today. We take your claim seriously and promptly respond to your phone calls and e-mails. The most important person in our office is you. We care about getting you the compensation that you deserve. Our goal is to help you lead a healthy and productive life.
Call the experienced Jackson slip-and-fall lawyers at Derek L. Hall, PC or reach out to us online for a free, no-obligation consultation.