Henderson Slip and Fall Accident Lawyer
In Nevada, for property owners, residents, and landlords must take reasonable precautions to maintain their premises safe for guests. Precautions involve periodic inspections, essential repairs, and keeping up to speed on local safety requirements. Unfortunately, hundreds of individuals are still injured yearly due to property owners neglecting to maintain their properties.
Premises injuries can be agonizing and costly, so if you or a loved one were harmed on another person’s property, a seasoned slip and fall lawyer can defend your rights and help you receive the compensation you deserve.
In situations like these, a slip and fall injury attorney has expertise in dealing with property owners and their insurance providers. Even though these claims might be difficult to establish, an attorney will assist you in demonstrating that the at-fault party failed to keep their property safe, which resulted in your injury.
The Henderson slip and fall attorneys at Edward M. Bernstein & Associates are ready to help accident victims pursue financial compensation. If you’ve been hurt in a slip and fall accident, we want to help you hold the negligent party accountable and receive the maximum compensation for your damages.
Henderson Slip and Fall Accident Guide
- What Exactly Is a Slip and Fall?
- Common Types of Accidents
- Why Is Proving Negligence Important?
- Nevada Statute of Limitations
- Compensation for Injuries
- How Long Does It Take to Settle a Claim?
- Tips to Maximize the Injury Claim
- Contact a Slip and Fall Attorney in Henderson Today
Why Choose Edward Bernstein and Associates
We at Edward Bernstein and Associates dedicate ourselves to client satisfaction. We want to ensure that you receive every penny you are due while also allowing you to avoid stress and heal. That is why we are willing to commit whatever time and resources are required to succeed.
When we accept your case, our resources and experience become your assets to aid your pursuit. We’ll establish whether the owner of the property or another person is responsible for your injuries. We’ll compile the proof and make sure that the recordings, pictures, and paperwork are kept safe. Additionally, we will negotiate with insurance providers to get a fair settlement. If the opposing party won’t reach a fair result, we will argue your case in court, where the judge or jury will determine the amount you deserve.
At Edward Bernstein and Associates, we have dedicated slip and fall lawyers who understand the legal, financial, and personal ramifications of slip and fall accidents. We will do everything in our power to reach a successful result and help you get your life back on track. Get in touch with us today, and we’ll examine your case details to determine the next steps you can take.
What Exactly Is a Slip and Fall?
Slip and fall incidents occur when you fall and are injured while on someone else’s property. These accidents are related to a branch of personal injury law known as premises liability. In a word, premises liability law states that property owners and occupiers have a duty to keep their premises safe for visitors.
These responsibilities differ depending on the property type and the visitor’s authorization to be there. The owner or occupant of the land, however, typically has a duty to keep you safe from danger as long as you are not an adult trespassing.
Slip and fall incidents are common in retail establishments such as supermarkets, restaurants, and casinos. The owners and tenants of those properties have a duty of care to their clients to the highest degree. They must take reasonable steps to keep their property safe and advise guests of any harmful conditions until they are corrected.
Under Nevada law, a property owner or occupant who fails to comply with this responsibility may be held legally liable for any damages caused by the hazardous situation.
Common Types of Slip and Fall Accidents in Henderson
Slip and fall incidents can occur at any time and in any place. While a minor slip may not appear to be a significant threat, serious injuries, such as traumatic brain injury or spinal cord damage, can occur. Slip and fall incidents might result in irreversible damage, and the required medical expenses can easily become a major financial burden.
However, if you are harmed in a slip and fall accident, you have the right to seek compensation from the at-fault party for your medical costs, lost income, and pain and suffering. Property owners are responsible for safeguarding guests who enter their property; when they fail, the victims should not have to shoulder the burden of their losses.
Here are some typical causes of slip and fall accidents:
- Wet or slippery floors. Whether brought on by a spill that wasn’t cleaned up, a leaking pipe, snow, rain, or naturally slick surfaces like glass or polished stone floors.
- Unsteady or uneven surfaces. Businesses are expected to make visiting paths safe and secure. Tripping hazards such as uneven brick or concrete surfaces, damaged tiles, or even holes can cause accidents.
- Cluttered, disorganized, or poorly lit pathways. Clutter may become a hazard that could lead to someone tripping and falling if a business doesn’t keep things tidy and organized.
- Dangerous stairwells and ramps. A tripping danger may result from the improper maintenance of ramps and staircases, such as broken or loose boards.
These are among the most prevalent causes of slips and falls. Business owners and property managers must constantly take great care to ensure that their enterprises are safe and well-lit for guests.
Slip and fall incidents occur most frequently in the following places:
- Grocery shops
- Sidewalks and parking lots
- Commercial buildings
- Construction sites
- Shops in department stores
- Convenience stores
- Restaurants
- Arenas and stadiums
If you have been injured at any public or private establishment, you should talk with a personal injury lawyer about your accident. Businesses and property managers must obtain insurance to cover themselves in case of a premises injury. Even if you’re unsure if your claim is valid, contact Edward M. Bernstein & Associates for a free case evaluation.
How Our Henderson Slip and Fall Lawyers Can Help You
Some forms of personal injury claims may not need the assistance of a lawyer. However, for two reasons, most slip and fall situations are particularly challenging for self-representation. First, it’s not always clear who is to blame for a slip and fall incident, and property owners (and their insurers) aren’t in the business of taking legal responsibility for an accident unless guilt is absolutely clear. Second, it is a popular tactic used by defendants in slip and fall cases to contend that the plaintiff’s injuries (damages) aren’t as severe as they allege.
Here are some ways a slip and fall attorney may support your insurance claim.
Identifying Liability in a Slip and Fall Case
A lawyer can look into your situation to assess and establish the property owner’s culpability. They can examine the facts surrounding your fall and evaluate whether the property owner or management was responsible for the incident or if it was an unavoidable accident.
For instance, a Henderson slip and fall attorney may look into the property to determine if a similar occurrence has ever happened, which might support your case that the landlord was aware of the safety issue. You may be entitled to compensation from a landlord or property manager who knew about a risk but failed to address it promptly.
Negotiating a Settlement
Finding an out-of-court resolution can sometimes be useful for a plaintiff. However, on your own, you risk receiving less compensation than you need if you lack negotiating skills and are unsure of the full extent of your losses. Insurance companies frequently give an initial payout when a victim files a claim to try and resolve things quickly and cheaply. A lawyer can assist the victim in ensuring that the settlement offer pays them appropriately for their losses, including future losses.
If the accident causes permanent disability or forces you to change jobs, an attorney can negotiate a settlement that covers the expense of continued care and your reduced earning capacity.
Represent You if Your Case Goes to Court
If you cannot reach an agreement with the insurance company, your slip and fall lawyer can assist you in filing a personal injury suit. They can assist you in meeting the filing deadline, called a statute of limitations, and handle the paperwork. A lawyer can advocate for your interests before a jury and judge.
Although you don’t necessarily need an attorney for a slip and fall incident, having qualified legal advice and representation can be beneficial when trying to recover damages from a negligent property owner.
Why Is Proving Negligence in a Slip and Fall Case Important?
According to Nevada’s premises liability law, the property owner is responsible for properly maintaining the premises so that it does not put guests, employees, or other visitors at risk. Maintenance may include fixing broken stairs, flooring, and railings and selecting flooring that does not raise slip and fall risk excessively.
However, accident victims can only be successful in a claim for damages if they can demonstrate several elements. The victim must show a dangerous condition existed, the owner was aware of the danger or should have been aware, the owner failed to take necessary remedial measures or warn visitors, and the condition was the direct cause of the person’s injuries.
In Henderson, multiple parties can share blame for the slip and fall accident. For instance, the property owner may be 80 percent at fault for failing to post a Wet Floor sign and other warnings in a damp location, while the injured party would be 20 percent at fault for failing to proceed with greater caution while on the premises.
Nevada is also an at-fault state, which implies that each party accountable must make restitution to the other for any harm they did. However, under Nevada’s modified comparative negligence rule, you are only compelled to compensate the opposing party if you are more than 50 percent at fault. This rule means you will receive compensation even if you bear up to 49 percent of the blame.
Nevada Personal Injury Statute of Limitations
The statute of limitations in Nevada allows you to pursue a slip and fall accident claim within two years of the injury. The timer starts on the day of the accident. The court will dismiss any actions filed after the statute expires. Of course, a Henderson slip and fall lawyer’s work begins much earlier. They should already have a solid case before they begin the legal proceedings. They will require strong evidence regardless of whether they sue their insurer or the at-fault party.
Exceptions might lengthen your timeline for bringing a lawsuit, but some conditions can minimize your timeframe for filing. Consult with a personal injury attorney to determine how long you have to file a lawsuit to be sure to protect your rights.
Injuries a Slip and Fall Lawyer Can Help Get Compensation for in Henderson
While many slip and fall accidents result in minor bruises, some can result in life-altering traumas. For example, serious wrist and shoulder injuries are common in slip and fall incidents. Individuals often attempt to break their fall or catch themselves. Other significant injuries occur when a body part contacts the ground, such as the knees, backs, and heads.
Injuries brought on by trips, slips, and falls include:
- Brain trauma
- Concussions
- Inflamed tendons
- Torn ligaments
- Head or facial injuries
- Neck or spinal injuries
- Scars and sprains
- Back injuries
- Herniated discs
- Bone fractures
How Long Does It Take to Settle a Slip and fall Claim?
Following a slip and fall injury in Henderson, you may be entitled to economic and non-economic damages to compensate you for your physical, emotional, and financial suffering. A personal injury claim can help you get compensation for these losses.
You could recover compensation for:
- Your medical expenses from the slip and fall accident
- Income lost while you cannot work due to your injuries
- Future income losses if your injuries result in permanent incapacity
- Injuries you’ve endured due to your slip and fall event, including physical pain and emotional distress
This list is by no means exhaustive. A Henderson slip and fall accident lawyer from Edward M. Bernstein & Associates can assist you in identifying all the damages that relate to your case.
Punitive damages are quite uncommon in slip and fall accident cases, as they intend to punish the at-fault party’s behavior. A judge may award these damages in severe circumstances when the culpable person acts criminally negligently or with the explicit purpose of causing injury.
The time it takes to resolve a slip and fall accident lawsuit varies. Your attorney will begin with a time of discovery and inquiry. Your attorney and the guilty party’s insurance company will examine what caused your incident and who may have contributed to it.
You will then negotiate compensation. Often, numerous rounds of discussion are required to obtain a settlement that works for you and the responsible party. It might take longer to resolve your claim if you incurred significant injuries that necessitate more compensation.
Tips to Maximize the Slip and Fall Injury Claim
If you’re involved in a slip and fall accident, follow these steps:
Seek Immediate Medical Attention
You must seek medical attention immediately following the accident. This step is critical for your benefit and the slip and fall injury claim. Before filing a claim, you should consult with an expert medical specialist. To reduce treatment costs, the victim must seek medical attention as soon as possible. Failure to seek prompt medical attention may result in a lower compensation amount.
File a Police Report
You should make a police report as soon as possible following the collision. This step ensures that the accident is correctly documented. The report can be used to support the slip and fall claim and investigation. This document provides the names and contact information of all people involved and the facts surrounding the accident.
Gather Evidence
You’ll need to gather as much proof as possible to detail your pain and suffering.
You should:
- Obtain the police report on the accident.
- Photograph the accident site, your car, and any immediate injuries.
- Gather the contact details of any other accident participants, including any witnesses.
- Request all of your doctor’s or physical therapist’s documents.
- Keep a written record of any pain or suffering from your injury.
Avoid Speaking with Insurance Companies
Refrain from agreeing to something with insurance firms. Many insurers try to deceive people and get them to say something damaging to their case on the record. Play it safe and wait for your lawyer to provide suitable legal guidance.
Hire an Experienced Lawyer
You should consult an experienced attorney who has successfully handled previous slip and fall cases. An attorney will provide professional guidance to maximize your personal injury settlement amount.
Contact a Slip and Fall Attorney in Henderson Today
If you have suffered a significant injury, do not attempt to pursue your slip and fall claim without the assistance of an experienced and competent attorney. Slip and fall lawsuits are often difficult to resolve, and the simple fact of an injury is insufficient to establish liability.
You can trust that our Henderson personal injury attorneys at Edward M. Bernstein & Associates will vigorously seek any damages due to your slip and fall incident. Call (702) 728-4137 to get in touch with Edward M. Bernstein & Associates, or use our online form.