Slip and fall accidents happen every day in places all over Portland, whether on a wet floor in a grocery store, a poorly maintained city sidewalk, or a dimly lit stairwell in an apartment complex. These incidents can seem minor, but they often result in serious injuries, lost income, and long-term physical and emotional consequences, leaving the injured with many questions about what to do next.
With this in mind, here are the answers to some of the most common questions people ask their slip and fall lawyer in Portland about these accidents.
What Should I Do After a Slip and Fall?
Your first priority after a slip and fall accident in Portland should always be seeking medical attention. However, if you want to protect your legal rights, you should also do the following:
- Contact an Attorney – Pursuing a slip and fall claim on your own is a challenging task. A skilled Portland personal injury lawyer can take on that challenge while you focus on recovery. Contact one as soon as you’re able.
- Report the Incident – Notify the property owner, store manager, or other responsible party of the accident. If they create a written incident report, request a copy.
- Document the Accident Scene – Take photos and videos of the hazard that caused the accident, any warning signs or lack thereof, the surrounding area, and your injuries.
- Collect Witness Contact Information – If anyone saw the accident, take down their names and contact information. They may offer valuable testimony if you choose to pursue your claim.
- Be Cautious When Speaking with Insurers – Insurance companies may contact you looking to offer quick, lowball settlements or request recorded statements. Their intention is to weaken your claim and minimize your payout. Never admit fault, never accept quick settlements, avoid recorded statements, and call a lawyer when insurers call you.
Who Is Liable for a Slip and Fall?
Liability in slip and fall cases typically falls under premises liability law, which requires property owners and occupiers to maintain reasonably safe premises for all visitors. If they fail to meet those responsibilities and injuries occur as a result, they may be responsible for the resulting losses.
Depending on the nature of the incident, slip and fall liability can fall on several parties. Some of the most common include:
- Property owners
- Landlords and property managers
- Business owners
- Government agencies
A skilled slip and fall lawyer in Portland will investigate the accident to determine what caused it and who might be responsible. From there, they’ll gather evidence to establish liability, show the extent and impact of your injuries, and seek maximum compensation in a personal injury lawsuit.
How Are Slip and Fall Settlements Calculated?
Compensation for a slip and fall accident in Portland can cover both the financial losses and the physical and emotional damage caused by the accident and your injuries. These two categories are generally described as “economic” and “non-economic” damages, and calculating them requires two different approaches.
Economic Damages
Economic damages include the past and future medical costs, lost wages, diminished earning capacity, and out-of-pocket expenses related to the accident. They’re typically calculated by analyzing medical bills, receipts, pay stubs, and expert reports to determine the real monetary cost of your injuries.
Non-Economic Damages
Non-economic damages include pain and suffering, emotional distress, and other impacts of the accident that are not necessarily tangible. Calculating compensation for these is typically done using one of two formulas that factor in the length of recovery, severity of injuries, and economic losses incurred.
How Long Do Slip and Fall Cases Take to Settle?
The timeline for a slip and fall injury case can vary depending on the nature of the case. Some of the most significant factors in determining how long a case will take include:
- Severity of injuries
- Complexity of the case
- Strength of evidence
- Whether liability is contested
- Willingness of insurers to offer a fair settlement
- Whether the case goes to court
Some cases can be resolved through negotiation within a few months, while others may need to go to court, where they can take longer to resolve.
Are Slip and Fall Cases Hard to Win?
There’s no doubt that slip and fall cases can be challenging. Proving negligence is complicated and often difficult. Evidence can be lost or destroyed, and insurance companies have many tactics designed to minimize your injuries and shift the blame.
Some common challenges in slip and fall cases include:
- Lack of witnesses
- Weak evidence
- Claims that the victim was careless
All of these hurdles can be overcome more easily with the help of a Portland personal injury attorney. Your attorney can obtain crucial evidence that can be used to build a compelling case. They can also counter insurance company tactics and protect you from having the blame shifted in your direction.
What if I Was Partly at Fault for My Slip and Fall?
Even if you think you might share some blame in the accident, that doesn’t necessarily mean you can’t recover compensation. Oregon follows a modified comparative negligence rule, which means that if you are 50 percent or less at fault, you can recover compensation in a personal injury case. However, your compensation will be reduced by the percentage of your fault.
What Is the Deadline for a Slip and Fall Claim?
In Oregon, you typically have a two-year window from the date of the accident for filing a personal injury claim. However, when a government entity is involved, that window is significantly shortened. You have 180 days to file a Tort Claim Notice or most likely forfeit your right to seek compensation entirely.
Regardless of the deadline you’re up against, it’s crucial to act quickly when pursuing a slip and fall claim. The legal process takes time, evidence can be lost or destroyed, witness memories can fade, and insurance companies often employ stalling tactics. Contact a slip and fall lawyer in Portland as soon as possible.
Contact Our Portland Slip and Fall Attorneys Today
The team at Rizk Law has a long track record of recovering substantial settlements and verdicts for our satisfied clients. As one recently wrote:
“excellent team. they really made the process of walking though a personal injury claim seamless. kyle wagoner was exceptional to work with-he explained everything along the way with a reassuring and thoughtful approach with positive results. i highly recommend this firm!” – Thomas
If you’ve suffered injuries in a slip and fall accident caused by someone else’s negligence, we will fight to protect your rights. Contact our personal injury law firm today for your free consultation.