Key Takeaways
- Slip and fall accidents can lead to severe injuries and complex legal claims, making it crucial to consult a Reno slip and fall attorney to secure fair compensation.
- Determining liability in slip and fall cases often involves evaluating the property owner’s responsibility, local regulations, and specific circumstances surrounding the accident.
- Timely action, from seeking medical attention to documenting the incident, is essential to building a strong case and navigating Nevada’s strict personal injury laws.
Many think of slip and falls as minor accidents, but they can be one of the most devastating kinds accident a person can suffer. Falls can result in fractures, head injuries, and sometimes even comas or death. If a slip and fall accident has affected you or a loved one, we encourage you to contact Porter Simon Sierra Injury Lawyers. Our Reno slip and fall attorneys are available to look at your case and pursue a settlement on your behalf.
What Causes Slip and Fall Accidents?
Slip and falls are most commonly associated with wet floors, but there are many other reasons why someone might suffer a fall. Anything that prevents safe passage in a walkway can cause serious injuries, including weather conditions like ice or snow, poorly maintained carpets or flooring, and poor lighting.
Slip and fall accidents may happen on the premises of businesses like grocery stores, parking lots, sidewalks, or casinos, but they can also occur in private residences.
What Are the Most Common Slip and Fall Injuries?
Some slip and falls may result in minor injuries like bruises, scrapes, or sprains, but they can just as easily lead to more severe ones with long-term effects. More serious injuries from a slip and fall can include fractures, spinal or head injuries, or even death.
Who is Liable for a Slip and Fall Accident in Reno?
Unless you have slipped and fallen on your own property due to your own misstep, the person liable in a slip and fall case is almost always the property owner. However, there are exceptions. In some cases, where a property owner is not directly involved in the operations of a property, the liability may fall on the person (or persons) who are responsible.
For example, if a business owner leases their commercial space to a restaurant and a person slips and injures themselves on their property, the owner of the restaurant (not the property owner) may be held liable. However, in situations where the business owner notified the property owner of an issue (such as a flooded or obstructed walkway) and a person was hurt as a result before the property owner remedied the issue, a case could be made for the property owner’s liability.
In other situations, a government entity such as the Department of Transportation or the Department of Health and Human Services may be held liable if a person slips and falls in a public space. For example, if a person was walking through a park and slipped on garbage, there may be a case made for the Parks Department being liable for the fall because they failed to keep walkways clean.
As you might guess, there are many complexities that might arise when determining liability in a slip and fall incident, but a Reno slip and fall lawyer will be familiar with local and state laws that relate to the specific circumstances surrounding your case.
Unless you have slipped and fallen on your own property due to your own misstep, the person liable in a slip and fall case is almost always the property owner.
What to Do After a Slip and Fall in Reno: 5 Key Steps
The process for filing a slip and fall injury claim is similar to other types of personal injury claims, but there are some differences. Below are the general steps you will need to take to ensure a successful slip and fall claim.
Seek Medical Attention
As soon as you are able to do so, you should seek medical attention. This may seem an obvious step after an accident, but many neglect medical treatment because they believe their injuries are minor. Unfortunately, some injuries can take time to become fully apparent and can worsen if treatment is delayed.
In addition to protecting your well-being, seeking medical attention is also crucial to pursuing a personal injury lawsuit. Building a case for negligence against the liable party hinges on verifiable evidence, and in many cases, medical documents are one of the most important pieces of evidence a claimant can have.
Report the Accident
Sometimes, victims of slip and falls may feel embarrassed and prefer to avoid drawing attention to themselves after an accident. While it may not be easy at the moment, it is important to make sure that you report the incident to the property owner or person in charge of the space. If there is documented notification of the issue, the liable parties cannot claim they were unaware that the event took place. More importantly, it allows them to remedy the issue before it happens to someone else.
Document the Scene
If you are safely able to do so, take pictures of the area where you slipped, where you landed, and your injuries. If you can do so, try and highlight the variables that may have caused the fall to take place such as a lack of wet floor signs, poor lighting, or obstructed walkways. If there are witnesses, ask to exchange contact information and if they would be willing to provide testimony to the event.
Create a Record of Damages
Just as important as documenting the scene of the accident is documenting your injuries and the costs involved with the incident. Take pictures of your injuries as they progress and keep copies of all medical records and bills as well as communication exchanges regarding your injury.
Consult a Slip and Fall Lawyer
The most important step, after securing medical care, is hiring a Reno slip and fall lawyer who is experienced in state and local laws surrounding these types of cases. You can do this at any point in the process, but the sooner you schedule a consultation, the better it is for your case.
Should I Get a Lawyer for a Slip and Fall Injury in Reno?
In practically all cases, yes. As we have highlighted, slip and fall cases can be very complex, and filing a claim may involve going against a business or city government that is backed by a significant legal budget.
Additionally, Nevada has complicated laws surrounding personal injury that make it more challenging to seek damages in a slip and fall case, most notably what is known as the “modified comparative negligence” rule.
This means that if the court rules that you were more than 50% responsible for the accident, you may not have the right to a settlement. In addition, even if you are less than 51% at fault for the accident, the damages you can recover will be reduced by your percentage of fault.
A lawyer can help you build a strong case for securing compensation that fairly represents your injuries.
What Slip and Fall Damages Can I Receive?
Medical expenses are just one type of damage you may be able to recover after a slip and fall. Depending on the circumstances of the accident, you may also pursue compensation for:
- Loss of income due to not being able to work
- Loss of socialization
- Loss of consortium (intimacy)
- Emotional trauma such as depression or anxiety
All of the damages listed above (and more) can be brought up during settlement negotiations by your lawyer. If the responsible party is found liable, you the arbitrator or judge will look at the cost associated with economic damages, such as medical expenses, loss of income during your recovery, and non-economic damages, and factor it into your settlement. The non-economic damages, such as your emotional trauma and chronic pain, will also be considered in your final settlement based on the level of loss you may be experiencing.
Lastly, if you are the surviving loved one of an individual who has passed away or is incapacitated from a slip and fall accident, you also have the right to seek damages for your loss through a personal injury suit. In settlement negotiations, you may also negotiate the cost involved in caring for your incapacitated family member or funeral or burial costs if they have passed on.
Nevada has complicated laws surrounding personal injury that make it more challenging to seek damages in a slip and fall case.
Reno Slip and Fall Attorney FAQs:
How Long Do I Have to File a Slip and Fall Lawsuit or Claim in Reno?
In Nevada, you generally have two years from the date of the accident to file a personal injury claim. However, there are some exceptions. For example, if your injury occurred on government property (such as a public park or city sidewalk), you only have six months to file your suit. If you are unsure of how much time you have to file, contact our office as soon as possible.
Do Most Slip and Fall Cases Settle Out of Court?
Yes, in fact, only around 3% of all personal injury cases ever make it to trial.
How Can I Find the Best Slip and Fall Lawyer Near Me?
Finding a slip and fall lawyer near you that meets your individual needs can be a challenge, but through a little bit of research, the right pick is usually pretty clear within a few clicks. Check online reviews, case results, and testimony from past clients to get a good idea of which lawyers have a strong reputation and verified success in the courtroom.
Discuss Your Case With a Reno Slip and Fall Attorney
Whether you have a few simple questions about your case, or you need immediate legal representation, Porter Simon Sierra Injury Lawyers can help. Our firm has dedicated over 50 years to providing quality and compassionate representation to our clients in Nevada and California and has recovered billions of dollars for our clients in personal injury cases. If you are ready to begin the claims process, our Reno slip and fall attorneys want to hear from you. Contact us for a free consultation.
Article Sources
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Nevada Legislature
https://www.leg.state.nv.us/nrs/nrs-041.html#NRS041Sec141 -
Bureau of Justice Statistics
https://bjs.ojp.gov/content/pub/ascii/TCILC.TXT
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