Slip-and-fall accidents can have serious consequences, including lifelong injuries and pain that can lead to significant medical expenses. The most catastrophic injuries involve spinal injuries, broken bones, paralysis or even death.
Kentucky law protects individuals who suffer injuries due to property owner’s negligence. You must prove the property owner failed to keep their public or private property relatively safe for visitors.
Hiring a Kentucky slip-and-fall lawyer protects your rights and increases your chance of receiving the compensation you deserve.
Your personal injury attorney understands premises liability law and knows what evidence you need to build a strong case. If you’ve been injured in a slip-and-fall accident, having experienced legal representation can make a significant difference in the outcome of your case. You don’t have to face the aftermath of a severe accident alone.
Call Rhoads & Rhoads at 888-709-9329 for an experienced slip-and-fall lawyer in Kentucky and the support you need to secure the compensation you deserve. We fight for you, not just in court, but in every interaction, championing your rights against large companies.
What Is Considered a Slip-and-Fall Accident in Kentucky?
This type of accident occurs when someone is injured due to a dangerous condition on another person’s property. Property owners are responsible for maintaining their premises in a reasonably safe condition.
When they fail to do so, they may be held liable for injuries that result from their negligence when caring for the property where the accident occurred.
Business owners, in particular, must inspect their property regularly and promptly address any dangerous property conditions.
These accidents usually occur when property owners ignore or fail to make proper and immediate repairs to remedy hazardous conditions or give adequate warning. Kentucky law has provisions for premises liability cases to help each injured person recover damages from a negligent property owner.
Common Slip-and-Fall Accident Injuries
Slip accidents are more than just minor mishaps; they can lead to serious injuries and significant disruptions in daily life.
The most common types of injuries resulting from slip-and-fall accidents include:
- Fractures: Broken bones, particularly in the wrists, arms, hips, and ankles, are common after a fall due to the impact.
- Sprains and strains: Ligament or muscle injuries, often affecting the wrists, ankles, and back, can occur from twisting or abrupt movements during a fall.
- Head injuries: Concussions, traumatic brain injuries (TBIs), and other head traumas can result from hitting the head on the ground or another object.
- Back and spinal cord injuries: Herniated discs, spinal fractures, and other back injuries can occur, potentially leading to chronic pain or even paralysis.
- Cuts and abrasions: Scrapes, cuts, and bruises may result from contact with rough surfaces or sharp objects during the fall.
- Shoulder injuries: Dislocations, fractures, or rotator cuff injuries can occur from trying to break the fall with an outstretched arm.
- Knee damage: An awkward landing or twisting motion can cause torn ligaments, meniscus tears, and other knee injuries.
- Soft tissue injuries: Damage to muscles, tendons, and ligaments that may not be immediately apparent but can cause significant pain and mobility issues.
- Hip injuries: Particularly common among older adults, hip fractures or contusions can have severe consequences and require surgery or extended recovery periods.
- Emotional and psychological injuries: The trauma of the accident can lead to anxiety, depression, and other emotional or psychological effects, impacting the victim’s overall well-being.
Statute of Limitations for Slip-and-Fall Claims in Kentucky
In Kentucky, the statute of limitations for filing a fall lawsuit is typically one year from the incident date. Failing to file a slip-and-fall lawsuit within this period can result in the forfeiture of your right to seek compensation, regardless of the merits of your case. Act quickly and consult with a fall accident lawyer to ensure you don’t miss the deadline on your claim.
Compensation from a Slip-and-Fall Accident
Accident victims may be entitled to compensation for various damages, including medical bills, lost wages, pain, and suffering. Compensation is for past, present, and future lost income, medical care and expenses, as long as this treatment is related to falls or injuries.
The amount of compensation can vary depending on the severity of the injury, the circumstances of the accident, and the extent of the property owner’s negligence.
For property owners, a significant injury will have a higher claim value than a less serious injury, and the greater the property owner’s negligence, the greater the victim’s compensation.
Do I Need a Lawyer to Get Compensation?
It’s essential to work with a knowledgeable fall attorney who can accurately assess personal injury claims and the value of your claim and advocate for fair compensation. They also know how to stand up to a difficult insurance company that doesn’t want to pay full and fair compensation.
In Kentucky, proving fault and establishing the extent of your injuries are critical components of a successful slip-and-fall injury claim.
What Do You Have To Prove in a Slip-and-Fall Claim?
To succeed in a slip-and-fall claim, you must prove that the property owner was negligent and that their negligence directly caused your injuries. Your attorney will need to prove the private property owner knew or should have known about the hazardous condition and failed to take appropriate action.
To prove liability in a fall incident and receive payment from the property owner’s insurance company, you must have evidence.
The following types of evidence are crucial:
- Photographs and Videos: Images or footage of the accident scene, including the hazardous condition, any warning signs (or lack thereof), and the surrounding area.
- Incident Reports: Official reports filed with the property owner, manager, or law enforcement detailing the accident and its circumstances.
- Witness Statements: Testimonies from individuals who witnessed the accident or can attest to the hazardous condition.
- Medical Records: Documentation of injuries sustained, treatments received, and medical evaluations, including doctor’s notes.
- Maintenance and Inspection Records: Evidence showing the property owner’s maintenance records and any previous complaints or issues related to the hazard.
- Property Surveillance Footage: Video recordings from security cameras that may capture the incident or the state of his or her premises before and after the accident.
- Expert Testimony: Statements from professionals, such as safety experts, who can provide insight into the hazardous condition and its potential dangers.
- Personal Accounts: Detailed notes or journals kept by the victim, documenting the accident, injuries, recovery process, and impact on daily life.
- Receipts and Bills: Proof of expenses related to medical treatment, therapy, and other costs incurred due to the injury.
- Clothing and Shoes Worn During the Accident: These items can sometimes provide evidence of the accident’s severity or situations that contributed to the fall.
The Role of Comparative Negligence in Kentucky Slip-and-Fall Cases
Kentucky operates under a comparative negligence system, which can affect your compensation in a fall injury lawsuit. Under this rule, you are still able to recover your damages, however, if your own negligence contributed to the injury, your compensation will then be reduced by your percentage of fault.
For instance, if a court determines you were 30% at fault because you did not notice or ignored a warning sign, the compensation the negligent property owners have to pay would be reduced by 30%.
Common Causes of Slip-and-Fall Injuries
Slip-and-fall accidents can occur in various settings and for many reasons. Common causes include wet floors, uneven pavement, loose carpets, poor lighting, and cluttered walkways. Property owners are responsible for addressing these risks promptly and effectively.
What To Do if You Have Been in a Slip-and-Fall Accident
If you’re involved in an accident, protecting your health and legal rights is essential. First, seek medical attention immediately, even if your injuries seem minor.
Document the scene by taking photos and report the accident to the property owner or manager.
Obtain a copy of the incident report and contact information from witnesses. Also, keep records of all medical treatments and expenses.
The Legal Process for Slip-and-Fall Cases in Kentucky
Filing a slip-and-fall claim involves several critical steps. Initially, after seeking medical treatment and documenting the accident, the injured party or their fall-accident attorney will file a complaint.
The discovery process follows, where both sides exchange information, such as evidence and witness statements. If an agreement cannot be reached outside of court, a trial will be scheduled so a judge and/or jury can decide what is warranted. Experienced fall accident injury lawyers will guide you, handle legal paperwork, and advocate on your behalf throughout this process.
Common Slip-and-Fall Injuries
Injuries from slip-and-fall accidents can range from minor bruises to severe, life-changing conditions. Common injuries include sprains, fractures, concussions, and spinal cord injuries.
Unfortunately, life-changing traumatic brain injury claims are common in cases where a victim suffered a fall from a serious height.
Extensive medical treatment, rehabilitation, and time off work are required to recover. In some cases, victims may experience long-term or permanent disabilities. It’s crucial to seek advice to make sure you receive appropriate compensation for your injuries and associated costs.
The Impact of Slip-and-Fall Accidents on Daily Life
Slip-and-fall accidents often result in more than just physical injuries; they can significantly impact daily life. Victims may suffer from emotional distress, anxiety, and depression as they cope with the aftermath.
The financial burden of medical bills, lost wages, and rehabilitation costs can add to the stress.
Long Term Effects of Slip and Falls
Additionally, severe injuries may require long-term medical care or result in permanent disabilities, limiting the victim’s activities. A comprehensive legal approach seeks to address all these aspects, aiming to secure compensation that reflects the full scope of the suffering the injured person experienced.
How To Choose the Right Kentucky Slip-and-Fall Lawyer
Selecting the right attorney for your slip-and-fall case is essential to achieving a favorable outcome. Start by looking for fall lawyers specializing in premises liability and having a proven track record of success in similar cases.
Ask about their experience, case approach, and fee structure during your initial consultation. An experienced slip-and-fall law firm will communicate, answer your questions honestly, and be transparent about your case.
Contact a Rhoads & Rhoads Slip-and-Fall Lawyer in Kentucky
Navigating the aftermath of a serious slip-and-fall accident can be overwhelming, but you don’t have to do it alone. At Rhoads & Rhoads, our experienced Kentucky slip-and-fall lawyers are dedicated to helping injured individuals in Kentucky.
Each fall attorney is an expert in personal injury law and understands the complexities of premises liability law. Whether you need assistance filing injury claims, negotiating a settlement, or representing your case in court, we’re here to help.
Our Kentucky slip-and-fall accident attorneys are expert injury lawyers who can secure compensation for slip-and-fall accident victims.
Call 888-709-9329 or contact us today to discuss your premises liability claim with a slip-and-fall lawyer in Kentucky. We work on a contingency fee basis, which means you don’t pay unless we win your case.