In 2019 National Safety Council data shows that approximately 244,000 workers required days off from work due to severe injuries resulting from falls. In Madison, slip-and-fall accidents mostly occur in restaurants, stores, sidewalks, playgrounds, construction sites, amusement parks, escalators, and gyms.
If a slip-and-fall accident happens due to poor property design or inadequate maintenance, you may be entitled to financial compensation for your injuries and damages. Our slip-and-fall accident attorneys at Morris Bart know the ins and outs of Madison law, and understand how to handle such cases. We will help you get a deserved financial settlement for your injuries and damages.
How do You Prove Negligence in a Slip-and-Fall Case in Madison?
A slip-and-fall is an accident caused by a hazardous condition where someone falls on a slippery surface like a wet floor, on an icy sidewalk, or trips over an electric wire. These accidents can lead to broken bones, head and eye injuries, or even death.
If you sustained injuries after falling at a premise in Madison, the landlord or business owner isn’t automatically responsible for the accident. Under state law, you have to prove negligence to the business owner, landlord, or another party you feel is at fault for your injuries or damages. Also, proving fault in your claim plays a critical part in recovering fair compensation as per Wisconsin’s comparative negligence law.
Duty of Care
In Madison, every business or property owner must exercise a reasonable amount of care within their premises. This means the property owner must provide a reasonably safe environment. In addition, individuals using these premises have a duty of care to recognize the apparent and open dangers. If a property owner fails to provide a duty of care, you can sue them for the injuries you sustained from the slip-and-fall accident.
Breach of Duty of Care
While proving a breach of duty of care, you have to show that the property owner did the following:
- Knew about the hazardous conditions in their premises and didn’t do anything about it
- Directly caused the hazardous conditions
For a free legal consultation with a Slip and Fall Accident lawyer serving Madison, call 800-537-8185
What to Do After a Slip-and-Fall Accident
Write Down What Happened Before, During, and After the Fall
Write down all the details about the accident in an unemotional way, describing what happened. Also, avoid any angry or negative comments about whomever you feel is responsible for the accident. Remember to include any contact of the person responsible for the maintenance of the area or the owner. Note that you should address this as a letter to hand over to a personal injury lawyer.
Take Photos that Show the Area Where You Fell
Photos can make a significant difference in your pursuit for justice in a slip-and-fall accident. Therefore, take pictures of the area immediately using your cell phone and send them to a friend or family member if necessary. Besides, it only takes a few hours or minutes for the site of your fall to have a completely different look.
Inform the Owner or Manager of the Property About the Accident
You also need to notify the responsible party about the accident. Give all the details about when it occurred and the injuries you’ve sustained. Again, do it in brief writing and be polite and unemotional.
Record Eyewitnesses’ Accounts of What Happened
Look around you for any eyewitnesses who can confirm your fall and the existing conditions at the time. However, be careful about who to ask since workers may tell half-truths if the accident happened while at a commercial property. Random bystanders can be better eyewitnesses because they can honestly assess the accident.
Get Medical Treatment
See a healthcare provider immediately, even if you only sustained minor injuries. This will help address your condition correctly and provide evidence that you fell.
How Much Is My Slip-and-Fall Case Worth?
There is no set figure for your slip-and-fall injury lawsuit. The worth of your case depends on the extent of your injuries and the effects on your livelihood. Typically, you can expect compensation that caters to your medical bills for the injuries relating to the accident.
If you suffered severe injuries that kept you away from your work, you should also receive financial compensation for your lost wages. An experienced injury lawyer can help you calculate the pain and suffering damages that resulted from your injuries.
What’s the Statute of Limitation in a Slip-and-Fall Case in Madison?
You should file a lawsuit within three years according to the statute of limitations in Wisconsin Statutes §893.54. If you incurred property loss, you could seek repair or replacement of your property within six years. Your time limit starts from when the accident happened, so you need to keep these deadlines in mind to avoid losing a fair settlement.
Also, even if you are still within the three-year timeframe, you can’t file a lawsuit for your slip-and-fall accident if you have already accepted a settlement from an insurer. That’s why you should always consult a personal injury attorney to guide you on the best way to deal with your case. Insurance companies will try offering you a lowball settlement, hoping that you’ll accept their offer to prevent you from proceeding with a lawsuit.
Let Our Experienced Madison Attorneys Fight for You
Don’t be tempted to handle your case alone after a slip-and-fall accident in Madison. Instead, seek legal assistance from our experienced personal injury lawyers at Morris Bart. We will conduct investigations into your accident and deal with the insurance company on your behalf.
We’ve been helping clients navigate the complex legal processes since 1980, so you can trust that you’ll get deserved compensation. Contact us today for a free case review of your slip-and-fall accident.
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