A scary fact about slip and fall accidents is that they can occur anytime and anywhere. In a split second, the victim may suffer serious injuries like a broken hip, spinal cord damage, traumatic brain injury, or even death. What’s more, the pain and suffering resulting from the accident can culminate into medical expenses and other financial burdens.
When responsible parties like property owners neglect hazardous conditions that lead to an injury-causing slip, they can be held liable for the injury or loss suffered by the victim. If you’ve been injured from a slip and fall accident, your next move should be to reach out to personal injury attorneys at Pacific West injury Law. The experts will offer the necessary legal guidance to ensure you achieve a favorable settlement.
Slip-and-Fall Accidents Usually Involve Negligence
This claim is based on the obligation of employers, managers, property owners, and other responsible individuals to make sure the premises or property is reasonably hazard-free and adequately inform visitors of any danger.
If a responsible party fails to meet this obligation, they may be liable if someone experiences a fall accident. Typically, slip and fall incidents involve negligence in addressing potential hazards like:
- Torn, uneven, or cracked flooring or carpeting
- Non-existent or inadequate warning signs
- Poor lighting
- Uneven or broken staircases
- Cords, wires, or cables spread across the floor
- Abrupt elevator stops
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Nevada’s Laws on Workers’ Compensation
Experienced staff compensation attorneys will work with you to secure fair compensation for the damages’ total cost if you undergo a slip and fall incident at your workplace. Workers’ compensation is supposed to help personnel after an accident, but most employees still don’t realize the available benefits.
Nevada state laws require employers to hold staff compensation insurance if the company has more than one worker. When one gets hurt while at work, they’re required to report the incident within seven days. The company must then file a report with the relevant insurer within six days. After that, the insurance company has a 30-day space to deny or accept the claim.
Filing a Worker’s Compensation Claim
Workers’ compensation addresses most workplace injuries. If you’re hurt at work, you can file a claim with your company’s workers’ comp insurance. On approval, the claim will take care of your medical care, and you’ll get replacement wages as you go through recovery.
Here are the qualifying thresholds for worker’s compensation in Nevada.
- The incident must have occurred while you’re on shift
- You must have been acting within your employment’s scope
- You weren’t intoxicated with alcohol or drugs during the incident
- You reported the accident to your employer
- A company-approved doctor treated you
- You paid attention to every healthcare and treatment recommendation
Your personal injury claim should be approved if you meet the above requirements. But some can also be denied, and only a reliable workers’ compensation attorney can come through for you. At this stage, they’ll appeal your claim and negotiate with the claims adjuster to get your case settled. But if this doesn’t work, your attorney can file a lawsuit for you.
Filing a Personal Injury Suit
If a worker didn’t sustain their injuries while working, they could file a personal injury claim. You must prove the following if you wish to sue your employer under personal injury:
- There was negligence on your employer’s side
- Their heedlessness led to the accident and resultant injuries
- These injuries weren’t sustained when doing your job
- No third party was responsible for the hazardous condition
In essence, you should use common sense. For example, if you slipped because your employer failed to fix the office parking lot’s potholes, you can file a personal injury claim. But if the office janitor and fell while mopping the floor, your case can be a worker’s compensation claim.
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What’s the Ideal Time to Report a Slip-and-Fall Accident?
According to the state’s Revised Statutes §11.190, you must take any action to recover damages for injuries or wrongful death of a person caused by another person’s neglect within two years. So if you’ve suffered such an accident, you must file a lawsuit against the liable party within this duration.
If you damaged your property due to the accident – maybe you didn’t have injuries but broke your expensive phone’s screen – you must file the lawsuit within three years. Whether it’s a personal injury or property damage lawsuit, the clock starts ticking on the date of the incident.
What Damages Can You Recover for Slip-and-Fall Injuries?
You can recover two categories of damages from your slip and fall injury claim. They include:
Special Compensatory Damages
These compensate monetary expenses resulting from a slip and fall accident. They’re unique to the victim and vary substantially. A special damages settlement should recover the damages your incurred or money lost due to the accident.
There’s no limit to the special damage claims you can make or the amount you can claim. Common special compensatory damages include:
- Lost earnings
- Lost future earnings
- Accrued medical expenses
- Cost of future treatment
- Household expenses
- Cost of altered plans or canceled trips
General Compensatory Damages
On the other hand, general damages compensate the non-monetary damages in an injury claim. They typically cover the “general” harm sustained after an accident. Notably, personal injury victims must have some general damages.
Common types include:
- Mental anguish
- Pain and suffering
- Loss of companionship or consortium
- Wrongful death damages, including funeral and burial costs, pre-death medical care expenses, and emotional distress
Let an Experienced Lawyer Handle Your Case
Suing your employer for injuries and damages sustained from a slip and fall incident is no easy feat. This is because they’re better placed to prepare a solid defense, and you may fail to recover your losses after a failed lawsuit. Fortunately, reliable attorneys can help you get the best results in a personal injury lawsuit or a worker’s compensation claim.
The experts will take care of your rights and represent you in court as you seek treatment. They’ll also gather sufficient facts to prove your case and collect all the cost information regarding your treatment and recovery to earn the deserved compensation. So don’t do it alone.
You’re in Safe Hands with the Attorneys at Pacific West Injury
Pacific West Injury Law is home to reputable and experienced attorneys when it comes to persona injury. They’ll do everything to achieve a favorable case outcome that leaves you with the deserved compensation. Our case evaluations are free, so don’t delay reaching out to us.