Wyoming Slip and Fall Lawyer
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Slip and Fall Accidents WHAT YOU NEED TO KNOW
Slip and fall accidents can happen to anyone, anywhere. The consequences can range from minor bruises to life-altering injuries.
My experience is that Wyomingites are a tough bunch. If it’s a minor bruise, someone in Wyoming is unlikely to call an attorney. But if it’s a severe injury, such a broken bone requiring surgery, then folks do call a slip and fall lawyer.
What I want to make clear are slip and fall hazards, property owner responsibilities, the role of insurance, and the importance of legal assistance.
Our team is ready to provide you with the information you need to understand your situation. Use our Free Case Evaluation to see if you have a case.
Quick Summary of a Slip and Fall Case
- Slip and fall accidents are a common occurrence that can result in serious injuries due to hazardous or dangerous conditions on someone else's property. These accidents often occur on unsafe property conditions, which can lead to significant injuries.
- Proving negligence is essential in slip and fall cases, involving demonstrating the property owner's duty of care, breach of duty, and causation for any resulting injuries.
- Property owners have a legal responsibility to maintain safe premises while individuals must take personal safety measures such as wearing appropriate footwear when navigating potentially hazardous areas.
What Potential Compensation is Available?
In a successful trip and fall claim, the law allows compensation for a range of damages. Whether it’s medical bills or the emotional toll the accident has taken, here’s what we help clients to recover:
- Medical expenses: This includes both current medical bills and any future treatment or rehabilitation needed.
- Lost wages: If your injury caused you to miss work, you may recover the income you lost.
- Loss of earning capacity: For serious injuries that affect your ability to work in the future, compensation may cover the long-term financial impact.
- Pain and suffering: Physical pain and emotional trauma are compensable in a personal injury claim.
- Emotional distress: Anxiety, depression, or other emotional impacts caused by the accident.
- Loss of enjoyment of life: If your injury prevents you from enjoying activities you once did, this may be included in your damages.
Some slip and fall accidents can even be fatal and a wrongful death lawyer can claim on behalf of the family.
Compensation for slip and fall accidents can reach hundreds of thousands or even millions of dollars, including lost wages.
TYPES OF PERSONAL INJURY
Very pleased.
Alex was very helpful during a stressful time for my family. He thoroughly explained the process and kept us informed of the procedure. We felt he always had our best interest at heart.
STEVEN
How We Prove Negligence in Slip and Fall Cases
In slip and fall cases, it is essential to prove negligence on the part of the property owner in order to receive compensation. To establish negligence, three components must be demonstrated: duty of care, breach of duty, and causality.
This process involves showing that the property owner had a responsibility to maintain a safe environment, failed to uphold this duty, and that this failure directly caused the victim’s injuries.
Demonstrating property owner’s negligence is key to holding the property owner accountable and obtaining compensation for any resulting injuries, medical bills, and other damages. We do this for you, using our legal expertise to build a strong case.
Duty of Care
Duty of care refers to the obligation of property owners to maintain a safe environment and reduce slip and fall hazards. This duty extends to any legal visitor on the property, and the property owner must take reasonable measures to protect people from potential hazards. Establishing the “status” of the visitor, such as an invitee or licensee, is essential in determining the duty of care owed by the property owner.
Failure to uphold this duty of care can result in liability for the property owner. For instance, if a property owner knew of a dangerous condition, such as a wet floor, and did not take the necessary steps to address it or warn visitors, they may be held responsible for any slip and fall accidents that occur.
Property owners generally have a duty to maintain their property according to building codes and standards. We have retained architects and other experts to examine whether a floor or surface was built and maintained to code.
Breach of Duty
A breach of duty in slip and fall cases occurs when a property owner neglects to keep the premises in a secure condition or fails to alert visitors of potential risks.
This could include failing to remove hazards from walkways and floors, provide adequate lighting, or perform routine maintenance and inspections of the property. If a store or company fails to identify and rectify hazards, negligence may be attributed to them for not taking the necessary action.
Causation
Establishing causality is a critical component of how we prove negligence in slip and fall cases. Causation refers to the direct connection between the property owner’s failure to fulfill their duty and the injuries sustained by the victim. Demonstrating causality is essential to show that the injuries were a direct consequence of the property owner’s breach of duty.
To establish causality, we work with you to provide evidence of the property owner’s negligence, such as a lack of warning signs or inadequate maintenance of the premises. Additionally, witness testimony can play a crucial role in proving that the property owner’s negligence caused the accident.
Comparative Negligence in Wyoming
In cases where the injured person shares partial responsibility for the slip and fall accident, their compensation may be proportionately reduced to reflect their degree of fault. This concept, known as comparative negligence, highlights the importance of proving a breach of duty on the part of the property owner in order to secure appropriate compensation for the victim.
Wyoming follows a modified comparative negligence system, which means:
- You can only recover damages if you are found to be less than 50% at fault for the accident.
- Any compensation you receive will be reduced by the percentage of fault assigned to you. For example, if you are 20% at fault, your compensation will be reduced by 20%.
This system ensures that both parties’ actions are fairly considered, but it also places importance on proving that the property owner’s negligence played a more significant role than your own. We investigate the accident to prove this on your behalf, using our legal expertise to build a strong defense of your claim.
Types of Slip and Fall Accidents
Slip and fall accidents occur when an individual slips, trips, or falls due to a hazardous or dangerous condition on someone else’s property, potentially resulting in injuries.
These incidents are more common than one might think, with various factors contributing to them, such as spills, ice, snow, and loose flooring.
We’ve represented individuals who were tripped by a loose mat, who fell on a pool of ice caused by a property manager, and who fell in an uncovered hole. Our expertise in handling these cases allows us to effectively advocate for our clients.
Injuries from slip and fall accidents can be classified into two primary categories: elevated falls and “same-level” falls. The consequences of these accidents can be severe, leading to head and traumatic brain injuries, broken bones, and other serious injuries.
Snow and Ice
Snow and ice are significant contributors to slip and fall accidents, as they can create slippery and hazardous conditions on various surfaces.
Wyoming follows the “natural accumulation rule” where a property owner is not responsible for falls caused by “naturally accumulating” snow and ice. There is a lot of nuance to whether snow or ice is a “natural accumulation.”
Local snow and ice removal ordinances may establish a “heightened standard of care” for property owners, requiring them to clear sidewalks and other public spaces of snow and ice within a specified timeframe.
Some towns and cities in Wyoming have these kinds of ordinances. Some don’t. Use our free case evaluation to have a slip and fall attorney from Freeburg Law check. We’re here to provide you with a consultation to assess your case.
What are the Statute of Limitations in Wyoming?
Timing is everything in a personal injury case. Wyoming law sets strict deadlines for filing a trip and fall lawsuit. The statute of limitations is generally four years from the date of the accident. However, there are exceptions and special circumstances that could alter this timeline, so it’s still worth contacting our Wyoming law firm to see if you have a case.
Claims Against Government Entities
If your accident occurred on public property, special rules apply. Filing a claim against a government entity involves additional steps and shorter deadlines.
You must file a formal notice of your claim within a specific time frame, often much shorter than the typical statute of limitations. Claims against government entities typically need to be filed within two years. There may also be limits on the amount of compensation you can recover when suing a government entity.
Slip and Fall vs. Trip and Fall Accidents
Trip and fall accidents, a subset of slip and fall incidents, occur when an individual fails to adjust their gait to account for an object obstructing their path, usually due to a lack of visibility or misjudgment of the necessary steps to avoid it.
An accident can be prevented if property owners address or alert visitors of any risks when hazardous conditions arise. Our Wyoming slip and fall lawyers can fight your case for both accidents.
Examples of Fall-Related Injuries
Injuries from slip and fall accidents, including fall injuries, can range from minor to severe, with fractures, head trauma, and spinal cord damage being some of the most common. The severity of these injuries depends on various factors, such as the height of the fall, the surface on which the person lands, and the individual’s overall health and age.
Regardless of the severity, it is crucial for victims to seek medical attention immediately following a slip and fall accident to ensure proper documentation and treatment of any injuries sustained. This documentation can be crucial in seeking justice and fair compensation for your injuries.
The Role of Insurance in Slip and Fall Claims
Insurance plays a significant role in slip and fall claims, as it can offer coverage for both homeowner’s insurance and workers’ compensation. These insurance policies are designed to provide financial protection and compensation for slip and fall victims, depending on the circumstances of the accident.
Settlements for slip and fall incidents are usually covered by the insurance company that insures the property holder. It is a common practice among insurers to provide such settlements. Our team is experienced in negotiating with insurance companies to secure a fair slip and fall settlement for our clients.
Commercial Liability Policy
These kinds of premises liability injuries often happen at a commercial property, like an apartment or store. In those instances, the property owner would have a general commercial liability policy that would provide coverage for your injuries.
Homeowners Insurance
Homeowner’s insurance is designed to protect property owners against potential claims. Slip and fall incidents are a frequent example of the coverage it provides.
Liability coverage within homeowner’s insurance policies provides financial protection for homeowners in the event of legal action and compensates victims for damages.
This coverage is crucial in ensuring that slip and fall victims receive the compensation they are entitled to for their injuries and losses.
We generally do not sue individual homeowners. We typically bring suit where there is insurance coverage.
Workers' Compensation
Workers’ compensation covers slip and fall accidents that occur in the workplace. If an employee sustains an injury while at work, they must proceed through the workers’ compensation system, as legal action against their employer is not an option.
One advantage of utilizing the workers’ compensation system is that it does not require the injured party to demonstrate negligence in order to receive benefits, so long as the incident occurred while carrying out job functions.
Why Should You Seek Legal Assistance?
Securing legal assistance is essential for slip and fall victims to comprehend their rights and options, as well as to obtain the compensation they are entitled to.
Using a slip and fall lawyer like Freeburg Law can make a significant difference in the outcome of a slip and fall case. From proving negligence to negotiating settlements, our skilled slip and fall attorney can guide victims through the complex legal process and help them secure the best possible outcome for their case.
Want Our Experienced Representation?
Our attorneys provide invaluable assistance to slip and fall victims in various ways. We gather evidence from the incident, monitor medical records, and liaise with insurance companies on the victim’s behalf.
We manage negotiations with insurance companies and assess any settlement offers to ensure they meet the victim’s needs. In my experience, folks who are not represented by an attorney are unable to settle a slip and fall case on their own. That’s why they call me.
By retaining our skilled slip and fall attorney, victims can focus on their recovery while the attorney handles the legal complexities of their case. This ensures that the victim’s rights are protected and that they receive the maximum compensation they are entitled to for their injuries and losses. Call or message us to get started today.
Frequently Asked Questions
Slip and fall cases can be hard to win due to the difficulty of proving negligence on someone’s part. Oftentimes, these incidents are seen as accidents that happened through no one’s fault. As such, it can be difficult to show that the incident was caused by someone’s negligence.
In order to prove negligence, it is important to collect evidence that shows that the property owner or occupier was aware of the hazard and failed to take reasonable steps to address it.
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