If you slip and get hurt on someone else’s property in Perry, OK, you may not be responsible for your medical bills. In this situation, it may be in your best interests to file a claim against the property owner. To do so, partner with a Perry personal injury lawyer.
BDIW Law has an outstanding track record in premises liability cases. Our Perry slip and fall accident lawyer is available to discuss your claim. Contact us today.
When to File a Slip and Fall Accident Claim
You can suffer a slip and fall accident at a mall, a neighbor’s home, and many other places. The accident may happen due to no fault of your own. Common reasons why this type of incident occurs include:
- Broken stairs
- Loose handrails
- Dim lighting
- Slick surfaces
If you get hurt for any of these reasons and many others, you may be able to hold the property owner accountable. At this point, you may be eligible to submit a claim through this individual’s insurance company. You may also want to file a personal injury lawsuit.
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How to File a Claim After a Slip and Fall Accident
You may be eligible to file a claim for compensation to an insurance company or property owner. This depends on the type of visitor you are when you go to a property. There are three categories of visitors:
- Invitee: This is generally a friend, neighbor, or relative who has expressed or implied permission to visit someone else’s property.
- Licensee: A licensee is a salesperson or anyone else who visits a property for their own purposes.
- Trespasser: If you trespass on someone’s property, you are breaking the law.
You can usually submit a claim if you are an invitee or licensee but not if you are a trespasser. One exception to this involves attractive nuisances and children. If a child gets hurt due to a swimming pool or another attractive nuisance on someone else’s property, their parent may be able to sue the owner of the space for damages.
How Much Time You Have to Submit a Slipping and Falling Accident Claim
Per Oklahoma Statute §12-95, you have up to two years from the date you suffer a slipping and falling injury to sue for damages. This window opens the day your injury occurs. If you do not request compensation from any at-fault parties, you lose the right to do so after two years.
The same statute of limitations applies to a slip-and-fall accident that results in a wrongful death. In Oklahoma, you are eligible to file this type of claim if you are the representative of the estate of a deceased person (decedent). You may be allowed to submit a wrongful death claim if you are the spouse, child, or parent of someone who is killed in a slipping and falling accident.
If you are unsure about whether to file a claim, the team at BDIW Law can help you out. Our Perry slip and fall accident attorney can evaluate your case and submit your claim in accordance with Oklahoma’s statute of limitations. For more information, get in touch with us.
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Damages Awarded in a Slip and Fall Accident Case
Economic and non-economic compensation may be awarded due to a slipping and falling accident and injury. You may get economic damages for quantifiable losses and non-economic compensation for subjective harm.
Along with compensation for pain, suffering, and other losses, punitive damages may be awarded in combination with economic and non-economic damages.
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How to Prove Liability in a Slip and Fall Accident Case
A property owner is responsible for taking a reasonable amount of care of their space. If this owner chooses not to do so and you get hurt on their property, they may be liable. To confirm this, you must show the following elements of negligence were present at the time you suffered your injury:
- Duty of Care: The property owner had a legal obligation to avoid careless and reckless acts that could put you or anyone else in danger.
- Breach of Duty of Care: This owner fails to keep their space safe, which is a violation of their duty.
- Causation: You got hurt because the owner had a duty of care that they breached.
- Damages: You are dealing with economic or non-economic damages due to your injury.
A slip and fall accident attorney in Perry can answer frequently asked questions and many others about the burden of proof in premises liability cases. They can help you gather medical records, photos, and other evidence to support your claim. Your attorney works with you to build a body of evidence that compels a judge or jury to rule in your favor.
How Modified Comparative Negligence Applies to a Slip and Fall Accident Case
Your slip and fall accident lawyer in Perry wants to show a judge or jury that you are in no way at fault for your injury. This is due to the fact that Oklahoma follows a modified comparative negligence doctrine. Based on this doctrine, you can only receive damages if you are found to be less than 50% at fault.
For example, you can slip and fall on someone else’s property. A judge or jury may find you are 60% at fault for your accident and injury. In this example, you will not receive any compensation. Modified comparative negligence can also cause your damages to get reduced based on your percentage of fault.
Hire a Perry Slipping and Falling Accident Lawyer
BDIW Law is a Perry personal injury law firm that is here to help you with your slip and fall accident claim. Our team is ready to review your case. To schedule a free consultation, contact us today.
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