Charlotte Fall Injury Lawyer

Charlotte Fall Injury Attorney

Suffering a bad fall can be a traumatic experience, especially if the fall results in a serious, long-term injury. According to information from the World Health Organization, falls are the second leading cause of accidental injury deaths worldwide, only behind bad car accidents. They are not to be taken lightly, and if you fell due to someone’s negligent behavior, you may want to talk to an accident attorney. If you have suffered a bad fall in Charlotte, contact a fall injury lawyer today.

Why Do You Need a Lawyer?

In the immediate aftermath of your slip and fall, you may have a number of conflicting thoughts. You may feel your own clumsiness was to blame, and there is a possibility that you were right. However, you could be wrong. There could be a very good chance you were not to blame for the fall at all, and instead, circumstances caused by another’s negligence caused the fall to occur. An experienced Charlotte fall injury lawyer can help you determine exactly that.

A lawyer who represents clients with slip and fall injuries knows how the legal process for such a claim works and can help you figure out the optimal way to pursue compensatory damage. They can help you determine just who exactly was responsible for your fall. If it happened at your workplace, you may be able to file for workers’ compensation. Here are some of the specific ways that an experienced fall injury lawyer can assist you in building your case:

• Proving Liability: Proving liability in a slip and fall case is not easy. The most likely culprit of a wet floor or an unstable walking area is the business owner or homeowner. Proving that they are responsible for your accident falls under premises liability. When you enter someone’s home or business, they have an inherent responsibility for your well-being while you are legally on their property.If something goes wrong and you end up hurt, the responsibility legally falls on them for failing to meet a standard of care. A good lawyer can help you prove this by going over the existing evidence and helping you gather more as the case builds. There is a big difference between stumbling over your feet and slipping on a wet floor that was not blocked off by an owner who was aware of the danger.
• Talking to Witnesses: One of the first steps in building your case with an experienced fall injury lawyer is investigating the incident itself. There may be video footage of the fall, and there may be several witnesses who would be able to provide statements backing up your claim and supporting your story. Sometimes, finding and convincing these witnesses to come forward can be difficult. An experienced lawyer has a wealth of connections they can use to find witnesses to your accident.In addition, they may be able to find others who have dealt with similar situations. You might not be the first person to fall in that location due to similar circumstances. If your lawyer finds someone who recently fell in a similar manner, that proves a very useful pattern. It shows that the owner was aware of the dangers and continued to neglect the dangers, allowing the circumstances that allowed your fall to occur.
• Advocate for You: The most important thing a lawyer can do for you is advocate on your behalf. With a skilled lawyer on your side, you will not have to argue your case. You will not have to speak to any insurance companies trying to prove that you were at fault. You will not have to negotiate anything. Your fall injury lawyer will handle all of that on your behalf.Mediation can get confrontational. Due to the nature of the accident, animosity may be present on both sides. Luckily, your lawyer understands how to handle this situation with a singular goal in mind: getting you an appropriate settlement. In addition to being your mouthpiece for the duration of the case, your lawyer will also make sure all the proper paperwork is filed at the appropriate time.

How to Prevent Future Falls

While not every fall is going to be your fault, it is still important to protect yourself in the future. You never know when you might stroll into another unstable area and suffer a bad fall. Falls can be quite hazardous to one’s health and overall well-being. Here are some steps you can take to ensure you do not suffer another serious injury:

• Physical Activity: The more physically active you are, the less painful a fall can be, especially if your inherent muscle mass breaks the fall. Staying in decent shape can only be beneficial to your overall health. Try to get frequent exercise as often as you are able, particularly balance exercises, just in case.
• See a Doctor: It is important to maintain a healthy equilibrium by having regular visits with a medical professional. If you are worried about suffering another fall, let your doctor know. Tell them about any medications you may be taking, both prescription and over-the-counter. Some of the medications’ side effects could contribute to your sense of balance and lead to a fall.The doctor may also check you for any ear or eye conditions that could increase your risk of a fall. Describe to them any joint pain, dizziness, or shortness of breath you may feel at any given time.
• Wear Good Shoes: Believe it or not, the difference between falling over and not falling over could be a sensible shoe. Good footwear is instrumental in preventing a fall. Wear sturdy, nonslip, flat shoes that are comfortable for you, as opposed to shoes like high heels, slippers, flip-flops, or other shoes with zero grips.

Premises Liability Laws

It is an established statewide law that business owners and homeowners are required to maintain their property in a reasonably safe and secure condition. If someone is injured as a result of their failure to maintain that condition, they will most likely be held liable under premises liability law. If that happens, they will be responsible for reimbursing you for damages and paying you compensation for your pain and suffering. Here are some examples of improperly maintained conditions:

• Porches with rotting wood and/or exposed nails
• Slippery floors.
• Uneven staircases with missing rails or broken steps.
• Debris that presents a possible trip and fall hazard.
• Cracks in the floor.
• A swimming pool with an unlatched gate or a missing cover.
• No warning sign present for anything that you should be warned about.

Any of these conditions could possibly lead to a premises liability situation. In a premises liability case, the ultimate goal is to establish a pattern of negligence. There are two primary types of negligence you can aim to prove:
Active negligence and passive negligence.

• Active Negligence: Active negligence is intentionally hazardous and was done by the property owner or their employees in an attempt to actively injure you. This can include damaging the floor on purpose and refusing to fix it or spilling some liquid on the floor and refusing to clean it up, knowing the potential outcome.
• Passive Negligence: Passive negligence does not apply to any specific action that was made in an attempt to deliberately hurt someone. Instead, it refers to a knowledge of improper maintenance but with no action made to prevent it. The owner or manager just let it exist indefinitely with no plans to ever deal with it.
  This can include something like an uneven staircase or a decaying deck that could cause someone to fall. If no action was taken to remedy the situation or no signage was posted, they can be liable. A fall is inevitable, and they could be liable for it.

Contributory Negligence

In Charlotte, if you make the claim that you were injured when you slipped and fell on someone’s property or inside their business, the owner may try to turn it around on you by claiming contributory negligence. Under this declaration, by North Carolina state law, if you are found to be in any way responsible for your accident, you will receive zero compensation. Even if the owner is found to be far more responsible, any shared responsibility leaves you with nothing.

Here are some arguments that a disgruntled property owner or manager may attempt to make in order to declare you contributorily negligent:

• You were willfully exploring a part of their property that visitors are not allowed to go to.
• You were willfully exploring a part of the property that the owner and employees don’t usually go to, which can defend their lack of knowledge about the danger.
• The clothes you were wearing contributed to your accident, such as improper footwear or baggy pants.
• You were warned of the danger and proceeded anyway.
• Any reasonable person would have obviously known there was danger, and you decided to assume the risk anyway.
• You were behaving in a distracted manner, which caused you to fail to see the danger.

How Long Does It Take to Settle a Slip and Fall Case in North Carolina?

There is no official way to tell how long it will take to settle your slip and fall case. The amount of time it takes to resolve a personal injury case, such as a slip and fall, is largely dependent on multiple factors. These include the severity of your injuries, the strength of the evidence that supports your claim, and the willingness of the negligent party or their insurance to compromise. There are also many other factors that are out of your control, such as filing deadlines and your lawyer’s experience.

While most personal injury cases are settled out of court, that is not a guarantee that yours will receive the same treatment. There is a chance your case could make it to trial, especially if your lawyer and the opposing lawyer cannot reach a compromise for the settlement. If the other side makes you an offer, you do not necessarily have to take it, especially if your lawyer advises you not to or if you think the amount is too little to properly compensate you for your injuries.

You may want to settle quickly, especially if you are concerned about the case taking too long to be resolved. Settling quickly is almost always a mistake. Insurance companies may reach out to you quickly to try to get you to accept a low settlement early on. You should never make any deals with the opposing party before consulting with your attorney. Insurance companies may intentionally provide a low settlement offer in an effort to pay out as little as possible.

What Is the Statute of Limitations for Personal Injury in North Carolina?

The statute of limitations for a personal injury claim in North Carolina is three years. You have three years from the date of the initial injury to start filing a personal injury claim and begin the pursuit of compensatory damages. If you miss this deadline, it all but guarantees your case will be thrown out when the defendant inevitably files a motion to dismiss, citing the missed deadline as the chief reason. There are, however, several exceptions to the three-year rule:

• The injured person is a minor under 18 years old at the time of the accident or is considered incompetent by the state. In this case, the three-year period may not start until the person comes of age or is deemed competent for trial.
• At some point after the accident in question, before the lawsuit can be filed, the defendant leaves the state of North Carolina for longer than a year. The three-year period may not start until the defendant returns to the state.

Reach Out to an Experienced Fall Injury Lawyer Today

It can be intimidating and stressful to face a personal injury case. You may have to relive one of the most painful or embarrassing days of your life in full view of the party who may be responsible for causing it. Fortunately, you do not have to face it alone.

Reach out to The Bollinger Law Firm, PC for information on a qualified, experienced personal injury lawyer who can help you build your case, gather the necessary evidence and witnesses, and advocate on your behalf against the responsible party and in court if it comes to that. Contact us to schedule a consultation as soon as you can.