Slip & Fall Attorneys in Louisiana

In Louisiana personal injury law, premises liability refers to the area of law that covers a property owner’s responsibility for injuries that occur on their property. Property owners are responsible for the upkeep of their property—according to Louisiana law, they must keep their property to a certain standard of safety.

If you’ve suffered a premises injury from a slip and fall or other accident, you could be facing medical bills, lengthy rehabilitation programs, missed work, and more. These types of cases can occur anywhere—a business, home, apartment complex, mall, playground, grocery store, department store, or even a parking lot. You could even get hurt at work.

In a premises liability case, the plaintiff must prove that the defendant was negligent in preventing, maintaining, or warning about a particular condition that existed on a defendant’s property. In order to prove your injuries were caused due to the property owner’s negligence, you’ll need an experienced slip and fall injury lawyer from Gordon McKernan Injury Attorneys to help you collect evidence, negotiate with insurance, and get you the compensation you need to heal.

Injuries Sustained in Trip & Fall Accidents

Slips and falls are usually unexpected and can happen just about anywhere. According to the Centers for Disease Control and Prevention (CDC), older adults in particular are at risk for injuries caused by falls. A slip and fall accident can result in one or more of the following injuries or others:

• Nervous system injuries caused by head trauma and neck trauma, including nerve damage, spinal cord damage, or a traumatic brain injury
• Severe strains, sprains, fractures, and broken bones
• Neck and shoulder injuries such as whiplash
• Back injuries, including slipped discs or even paralysis
• Emotional trauma, including a fear of falling or leaving the house

In addition, slip and fall injuries can lead to thousands of dollars in medical costs, lost wages, ongoing physical therapy, and other expenses. These costs are hard for anyone to bear, and you deserve compensation for these and the other costs of your injury. An experienced slip-and-fall injury lawyer will advocate on your behalf to get you the compensation you need to fully heal from your injuries.

Proving Liability in Your Slip & Fall Case

Proving liability in a slip, trip, and fall case is a delicate and complex process. Each case is different, and hinges on both the property owner’s safeguards against slips and falls, and your own care when navigating the space leading up to your fall.

In most cases, the injured party must prove that the accident was caused by a dangerous condition and that the property owner or manager knew of that condition. In addition, the dangerous condition must have presented an unreasonable risk, and the injured party must prove that a reasonable person would not have anticipated the condition.

Furthermore, to prove that a property owner knew of the dangerous condition before your injury, you must prove one or more of the following:

• The owner created the condition
• The owner knew of the condition and failed to fix it
• The condition existed for long enough that it should’ve been discovered and corrected prior to your slip and fall accident.

What to Do After a Slip & Fall Accident

1. Get Treated

Your first priority after any injury should be your health. If you’ve been hurt by your slip and fall or other premises injury, see a doctor so your injuries can be properly documented. You’ll also want to see the doctor to catch any injuries that might not be immediately apparent, as some injuries’ symptoms don’t appear for days or even weeks.

The medical report generated by the doctor will serve as important evidence as you seek compensation for the damages your injury has generated.

2. Report the Accident

No matter where your trip and fall happened—whether it was in a store, in the halls at work, on a sidewalk, or even at a friend’s house—report the accident to the manager, owner, or landlord of the property. Get the details of the event in writing from them in a written report and request a copy before you leave. You’ll also want to report the incident to your insurance company since the property owner will do the same.

3. Document Everything

Be sure to collect the names, addresses, phone numbers, and other information of all potential witnesses at the scene. If you decide to pursue a legal claim, their testimony could help your case.

In addition, be sure to take photos of the exact place you fell as well as any stairs, slippery floors, or other contributing factors to your accident. Write down what you were doing, how you fell, and other details like the time and date of your fall. Finally, store the clothing and shoes you were wearing somewhere safe, as they could also serve as evidence in your upcoming legal action.

4. Don’t Talk to Anyone

Talk to the property owner or manager as little as possible before calling a lawyer or going to court. Don’t post details relating to your injury on social media, and don’t give a statement to any insurance company. The most important advice to remember is to not admit fault, but also not accuse the other party. It’s the court’s job to determine liability and who owes damages to whom.

5. Call a Personal Injury Lawyer

Finally, finding an experienced lawyer to advocate on your behalf will ensure that you receive the most compensation possible to account for all the damages you’ve suffered. Many slip and fall cases are difficult to prove, so it’s especially important in these cases to call a knowledgeable slip and fall lawyer to help you with your case.

How Can a Louisiana Slip and Fall Lawyer Help Your Case?

If you’ve suffered injuries in a slip-and-fall accident in Louisiana, you may be wondering how to protect your rights and seek compensation. Louisiana slip-and-fall lawyers play a crucial role in assisting through this challenging time. Here’s how they can help:

1. Legal Knowledge: Louisiana slip and fall lawyers possess a deep understanding of Louisiana’s laws related to personal injury and premises liability.
   
2. Investigation: They will conduct a thorough investigation to gather evidence and assess liability.
   
3. Determining Liability: Your Louisiana slip and fall attorney will identify responsible parties and establish liability.
   
4. Negotiating with Insurers: Louisiana slip and fall lawyers negotiate with insurance companies to secure a fair settlement.
   
5. Filing a Lawsuit: If necessary, your lawyer can file a lawsuit and represent you in court.
   
6. Calculating Damages: They will help assess the full extent of your damages.
   
7. Statute of Limitations: Ensuring your case complies with Louisiana’s legal time limits.
   
8. Peace of Mind: You can focus on recovery while your lawyer handles the legal aspects.
   
9. No Fees Unless You Win: Most injury lawyers work on a contingency fee basis.

Keep in mind, that seeking legal representation can be a crucial step toward obtaining the compensation you deserve after a slip and fall accident.

Statute of Limitation Changes in Louisiana:

Recent changes in Louisiana law have extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024 will still have a 1-year statute of limitation. Learn more about Louisiana’s New Statute of Limitations here.

• 1-year for injuries sustained before July 1, 2024.
• 2-years for injuries suffered after July 1, 2024.

The statute of limitations is a legal deadline that sets a time frame for filing a lawsuit. In Louisiana, this is known as the “prescriptive period,” which determines how long you have to take legal action against the responsible party after an injury occurs.

Find a Slip & Fall Injury Lawyer in Louisiana

If you’ve been injured in a slip-and-fall accident, you might be unsure of where to turn for answers. These injuries tend to catch their victims completely off-guard and can lead to major medical expenses as well as lost work and ongoing therapies. You deserve an advocate to help you get the compensation you deserve.

Gordon McKernan Injury Attorneys are experienced trip and fall injury lawyers in Louisiana. Our knowledgeable team has 679+ years of combined legal experience with over $3 Billion recovered for our clients, so we’re confident we can help you hold the people responsible for your injuries accountable.

Give us a call at 888.716.2572 for a free consultation about the legal options available for your case. If we don’t win your case, you won’t owe us a dime, that’s the G Guarantee.