Have you been injured in a serious New Mexico slip and fall accident? Contact Will Ferguson & Associates today to discuss you fall to see if you have the right to pursue a claim for your injuries.
Slip and fall accidents can be hazardous, leaving people with severe physical injuries, emotional distress, and devastating financial loss. They can occur anywhere, from wet grocery store aisles to an uneven sidewalk on your neighborhood street. Most slip and fall accidents happen because of a lack of proper warning or maintenance in a hazardous area. They can lead to broken bones or sprains and severe brain or spinal cord damage.
When you suffer an injury due to a slip and fall accident, the expenses begin adding up quickly. You may find yourself facing a tough financial situation, with growing medical bills, lost wages, pain, suffering, and more. At Will Ferguson & Associates, our personal injury attorneys understand the impact of this type of injury, and our team can help you file a claim to recover compensation. We will work diligently on your case to remove the financial burden so you can just focus on healing.
10 Common Causes of Slip and Fall Accidents in New Mexico
Any individual can be a victim of a slip and fall accident in New Mexico or anywhere else unexpectedly. Every year, nearly 700,00 people die from falls, according to the World Health Organization. Some situations may be out of our control, but there are precautions we all can take to avoid falls whenever possible. It’s important to recognize the ten most common causes of slips and falls so we can do our best to prevent them.
These causes include:
- Wet or slippery surfaces caused by spills, leaks, rain, snow, or ice
- Poorly maintained walkways or stairs
- Uneven or raised surfaces
- Obstructions or clutter in walkways
- Insufficient lighting
- Inadequate training or supervision of employees
- Loose carpets or floor mats
- Poor drainage
- Worn or damaged flooring
- Poor weather conditions
It’s also important to remember that slip and fall accidents can happen in any setting, not only in the workplace but also in many other places like supermarkets, shopping centers, parking lots, restaurants, hotels, and motels.
What Types of Injuries Result From Slip and Fall Accidents?
Slip, trip, and fall accidents can cause a wide range of injuries. These injuries include minor scrapes and bruises, as well as something as serious as a traumatic brain injury. Based on the severity of the injury, recovery can take weeks, months, or even years. Sometimes a slip and fall injury can affect you for the rest of your life. Common injuries include:
- Broken bones in the arms, legs, wrists, ankles, and feet
- Sprains and strains of the muscles and ligaments
- Traumatic brain injury
- Spinal cord injury
In some cases, these injuries may even lead to death. It is essential to seek medical assistance for any slip, trip, or fall accident to ensure that you receive the proper treatment.
The Dangers of Slip and Fall Accidents Among the Elderly
Hip fractures among the elderly due to slips and falls are a heartbreaking but all too common occurrence. Unfortunately, statistics paint a grim picture of these traumatic events. The Centers for Disease Control and Prevention states that in 2019, approximately 29% of older adults (aged 65 or older) fell at least once. In the same year, roughly 300,000 older adults (aged 65 or older) were hospitalized due to fall-related hip fractures. The National Osteoporosis Foundation estimates that 20% of hip fracture patients age 65 and older pass away within a year of their injury, and an additional 20% require long-term care.
What to Do When You Experience a Slip and Fall Accident in New Mexico
Slip and fall incidents happen every day in New Mexico, in both public and private settings. If you’ve experienced a slip and fall accident in Albuquerque, it’s essential to understand what steps to take next. Knowing what to do plays a role in helping you receive compensation for injuries you sustained.
- Assess Your Injury
The first thing you should do after suffering from a slip and fall is assess your injury. Even if you don’t feel any pain right away, it’s crucial to take stock of your condition and note any symptoms or injuries, however minor, that may have occurred from the accident.
- Seek Medical Attention
It’s also important to seek medical attention immediately after the incident. Even if you think your injuries are no big deal, visiting a doctor will ensure there is no hidden damage or delayed symptoms (such as whiplash or a concussion). Seeking medical help will also serve as proof of injury when filing an insurance claim.
- Contact An Experienced Slip and Fall Attorney
Suppose you believe that another party’s negligence caused your slip and fall. In that case, it’s essential to contact a knowledgeable attorney who handles liability cases like yours.
An experienced attorney can help determine who was at fault for the accident and work towards obtaining fair compensation for your injury-related damages, including expenses for medical treatment, missed income, and more. You don’t expect your day to end with a trip to the ER due to an unexpected slip and fall accident in Albuquerque. Unfortunately, these incidents can happen anytime without warning.
Following a slip and fall accident, taking these steps will help ensure you get the best possible outcome after your unfortunate incident.
Why Do You Need a Slip and Fall Injury Lawyer?
A slip and fall injury lawyer provides legal support and representation for those injured in slip and fall accidents. Will Ferguson & Associates specializes in personal injury law and understands the complexities of slip and fall cases. Our experienced attorneys can help you navigate the legal process as you seek compensation for your injuries and losses. Here are the main reasons why you might need a slip and fall injury lawyer:
- Prove Liability: A slip and fall lawyer can help establish a property owner or manager was liable for your injuries. Will Ferguson & Associates can investigate the scene of the accident, gather evidence, and build a solid case showing the property owner or manager was negligent and failed to maintain a safe environment.
- Negotiate With Insurance Companies: Insurance providers often try to minimize compensation to slip and fall victims. A slip and fall lawyer can negotiate with a property owner’s provider on your behalf to ensure you receive a fair settlement.
- Represent You in Court: If there isn’t a settlement, a slip and fall lawyer can represent you and fight for your rights.
- Maximize Compensation: A slip and fall lawyer can help you pursue payment for your medical costs, lost income, and other damages. They can determine what types of compensation you may be entitled to and help you pursue the maximum compensation possible.
- Understand Your Rights: Slip and fall accident cases are complex and have specific laws and deadlines. For example, New Mexico’s statute of limitations for personal injury cases is three years. A lawyer can help you understand your rights, legal options, and the best action to take.
Who Is at Fault for a Slip and Fall in New Mexico?
In New Mexico, the party at fault for a slip and fall may vary depending on the circumstances. Generally, a property owner would not be liable for any damages resulting from the incident if you slip and fall due to your own negligence.
However, suppose you slipped and fell due to an unsafe condition that the property owner should have known about and failed to address. In that case, they could be held responsible for the resulting damages. You may recover compensation from the negligent property owner as the injured party.
If you suffer an injury due to a slip and fall in New Mexico, consulting with a seasoned slip and fall attorney helps you evaluate your case’s strength.
Common Defenses Raised in a Slip and Fall Case
When someone slips and falls, they might sue the person who owns the property where they fell. The owner will likely fight back by saying things like it was not their fault or that the person who fell did not use caution. These are called defenses. Here are some examples of common defenses we see in this type of case:
- Open and Obvious Hazard: The defendant may argue that the plaintiff was aware of the hazard but failed to take precautions, such as avoiding or warning others about it.
- Assumption of Risk: The defendant may say the plaintiff assumed responsibility for any potential risks by voluntarily entering the property.
- Lack of Notice: The defendant may claim that they either did not know about the hazard or had no reasonable way of knowing it existed.
- Actual or Constructive Notice: In some cases, the owner can prove that they were aware of the hazard and took steps to address it, such as posting a warning sign or making repairs.
- Contributory Negligence: This defense claims that the plaintiff’s negligence caused or contributed to the fall, and they are partly responsible for their injuries.
- Comparative Negligence: This defense states that both parties were partially at fault and argues for the court to compare faults. The percentage of their fault may reduce the plaintiff’s award.
- Statute of Limitations: This defense claims that the plaintiff filed the lawsuit after the statute of limitations had expired; thus, it is too late to bring a claim.
It is important to remember that every slip and fall case is different, so consult with an experienced attorney to determine the best course of action. A skilled lawyer can help evaluate your claim and craft the most effective strategy for your unique case. If your slip and fall injury occurred in New Mexico, contact Will Ferguson & Associates for a free consultation.
What Is Comparative Negligence in Slip and Fall Injury Cases?
The theory of pure comparative negligence applies to slip and fall cases in New Mexico. Comparative negligence is a legal concept that applies when more than one party is at fault in an accident or injury. It holds that each party should be responsible for the portion of damages equal to their level of fault.
For example, imagine you were walking in a parking lot and slipped on some spilled oil that had been there for several hours. The store owner knew about the oil but didn’t clean it up. You suffered a broken arm as a result of the fall. In this case, the store owner may be negligent for not cleaning up the oil. Still, a court may also find that you were comparatively negligent for not paying attention to where you were walking, and a judge or jury may assign a percentage of fault to you.
Let’s say the court found that you were 20% at fault for not paying attention and the store owner was 80% at fault for not cleaning up the oil. In this case, you would only be able to recover 80% of your total damages from the store owner, and the remaining 20% would have to be covered by you.
How Does a Slip and Fall Lawyer Prove Negligence With Evidence
Legally, you have the right to hold the property owner liable for your slip and fall injuries or damages. To prove negligence in a slip and fall case, a lawyer must present evidence that supports the facts of the case. It is essential to have an experienced lawyer who can effectively present this evidence. This will give you the best chance of receiving compensation for your damages.
Let’s take a look at how a slip and fall lawyer proves negligence with evidence that supports the facts of the case. This process involves the following:
- Gathering witness statements
- Obtaining medical records
- Analyzing photos or videos of the scene of the accident
- Reviewing any reports from law enforcement or safety personnel that may have been on-site at the time of the incident
- Collecting other relevant documents that support your claim
The evidence collected is used in court proceedings to show how negligent behavior caused your injury. In some cases, the court uses the evidence to determine if an insurer should pay for specific medical treatments or compensation.
What Is the Duration of a Slip and Fall Settlement?
The amount of time it takes to actually receive compensation from the responsible party depends on several factors, including how complicated the case is, how much money the injury victim seeks, and how cooperative both parties are during negotiations. The process usually involves the following steps:
- The victim files a claim against the property owner or company that caused the accident
- An investigation determines who was at fault
- The parties negotiate to reach an agreed-upon settlement amount
- Paperwork and other legal documents are completed and signed to make the settlement official
Generally speaking, reaching a settlement can take several months to more than a year. During this time, it may be necessary for both parties to attend mediation sessions to reach an agreement. Also, if the case goes to court, it will likely take much longer to resolve than if the parties settle out of court.
What Types of Compensation Can You Receive in a Slip and Fall?
In slip and fall cases, the injured individual may receive compensation for their physical and emotional losses. Generally, this includes reimbursement for medical bills, lost income due to missed work, pain and suffering, emotional distress, and punitive damages, if applicable.
Medical bills reimbursement can cover any costs associated with treatment or rehabilitation related to the injury. This compensation covers hospital stays, emergency services, doctor visits, medication and required follow-up care. Lost wages are also typically recoverable if the injured party had to take time off from work due to their injuries.
In addition, the injured party may receive compensation for pain and suffering or emotional distress related to the incident. You receive payments based on the extent of your injury and its impact on your life. Punitive damages may also be available if a liable party acted recklessly or maliciously.
A skilled lawyer can provide further guidance regarding compensation recoverable in a slip and fall case. They can evaluate any legal options available to help the injured party receive the compensation they deserve.
A New Mexico Slip and Fall Case Law Firm Fights for Your Legal Rights
Slip and fall accidents are too common and can lead to severe injuries. Injuries caused by slips and falls may include broken bones, head or neck injuries, or even paralysis. If you suffered an injury in a slip and fall accident, you must contact a seasoned New Mexico slip and fall lawyer.
Will Ferguson & Associates fight for the legal rights of individuals injured in slip and fall accidents. Our attorneys are highly experienced in handling slip and fall cases and have an impressive track record of successful trials.
We understand the complex nature of these cases and are committed to helping our clients navigate the legal process. From investigating the scene of the accident and gathering evidence to negotiating with insurance companies and representing clients in court, Will Ferguson & Associates can help our clients receive the compensation they deserve for their injuries and losses.
Contact Will Ferguson & Associates After a Slip and Fall Accident in New Mexico
Unfortunately, fall accidents happen. If you or a loved one sustained an injury in an accident involving a slip and fall in New Mexico, contact Will Ferguson & Associates right away. Our experienced attorneys will help you get full compensation for medical expenses, lost wages, and other damages. We understand how traumatic it can be to incur an injury due to another party’s lack of care, and we will fight to get you the justice you deserve. Call us today for a free case review. We are here to help.
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