Slip & Fall Lawyer in Phoenix
Tenacious Counsel with Your Best Interests at Heart
After a slip and fall, life may feel out of control. You and your family may struggle to pay medical bills or make ends meet if your injury keeps you from working. Household chores may pile up, making life in your own home more difficult. You may wonder how long it will take your injuries to heal, or if you will ever feel like your “old self” again.
Arizona law allows people who are injured in a slip and fall to seek compensation if the fall was caused by the property owner’s negligence. Since these cases can be complex, working with an experienced Phoenix slip and fall accident attorney can help you understand potential legal obstacles and fight for the full and fair compensation you deserve.
What Do I Need to Prove in an Arizona Slip & Fall Claim?
Arizona slip and fall claims fall under the state’s two-year statute of limitations for injury claims. In other words, a person injured in a slip and fall typically has two years from the date of the injury to file their claim in court. If the claim is not filed by this deadline, the court will reject it.
Even when a claim is filed in time, the injured person who files it has to prove several things (called “elements”) in order to establish their right to recover.
In a typical injury case, courts will ask the following questions:
- Did the defendant(s) named in the claim have actual control or ownership of the property where the slip and fall occurred?
- Was there a defect, hazard, or dangerous condition on the property?
- Did the property owner know, or should they have known, about the defect, hazard, or dangerous condition? If so, what steps (if any) did they take to either fix the problem or to warn others about the problem?
- Was the dangerous condition open and obvious to the injured person so that they should have known of the dangerous condition?
- Did the defect, hazard, or dangerous condition cause the plaintiff’s injuries?
- What damages did the plaintiff suffer as a result of the injuries?
Damages in a slip and fall accident commonly include compensation for medical bills, lost wages, damaged property, pain and suffering, and loss of enjoyment of life. Since damages are often tailored to the specific facts of the claim, it’s important to talk to your lawyer to understand exactly what damages might be available in your case.
If a slip and fall accident proves fatal, the deceased person’s spouse, child, parent or guardian, or personal representative can bring a wrongful death claim. Similarly, if a child is injured, the child’s parent or guardian may file the claim on the child’s behalf.
How Can My Slip & Fall Accident Lawyer Help?
A lawyer’s assistance in a slip and fall claim is tailored to the facts of the case and the needs of each client.
Slip and fall attorneys often handle tasks like:
- Investigating claims. Your lawyer can gather paperwork, talk to witnesses, and secure other information that will help build your compensation claim. Trusting this task to your attorney allows you to focus on healing and taking care of those you love.
- Negotiating with insurance companies. Often, a slip and fall claim will involve an insurance company covering the property. Negotiating with insurance companies can be complex, but an experienced attorney can navigate this process on your behalf, helping to reduce your stress level while protecting your legal rights.
- Building your case. While most Arizona slip and fall cases settle out of court, the ability to build a strong case that is likely to succeed at trial is one of the strongest negotiating tools at your disposal. Your lawyer can put their knowledge of trial procedures and strategy to work from the start, giving you a strong negotiating tool and, if necessary, a strong case for trial.
- Protecting against common counterarguments. One common argument that insurance companies and property owners raise in Arizona slip and fall cases is that of “comparative negligence.” This argument claims that you were partly at fault for your injuries – and that, therefore, you should receive fewer damages or no damages at all.
Experienced personal injury lawyers are ready for this argument, and for any other argument an insurance company or property owner might make. Your slip and fall lawyer can devise ways to reduce the impact of this argument or avoid it altogether, further protecting your claim.
The Folger Law Firm is a Phoenix personal injury law firm staffed by knowledgeable and experienced personal injury lawyer(s). We recognize how difficult a serious slip and fall injury can be, and we’re persistent in our pursuit of compensation for each of our clients. We also work on a contingency basis, meaning that our clients don’t pay attorneys’ fees unless we secure compensation for them.
To learn more, or to speak with a slip and fall lawyer in Phoenix contact us today by calling (602) 932-0552 or filling out our online contact form. Your consultation with our office is always confidential.